A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a writ petition filed by Praveen Kumar Bansal regarding longstanding vacancies in the tribunal’s administrative framework. According to the petition, the persistent shortage of officials has disrupted the functioning of the tribunal’s benches nationwide.
Senior advocate Mukul Rohatgi, appearing in the matter, informed the court that several crucial posts in the tribunal had remained vacant for years across 30 benches of the Income Tax Appellate Tribunal operating in different parts of the country. He submitted that vacancies existed throughout the administrative hierarchy, severely impacting institutional efficiency.
“All posts of officers are lying vacant for a number of years,” Rohatgi told the bench. He further stated that posts of Assistant Registrars, Private Secretaries and several other administrative positions had remained unfilled for an extended period. Suggesting immediate judicial intervention, he urged the court to issue a short notice and address the matter administratively.
The bench appeared visibly disturbed by the situation. Chief Justice of India Surya Kant remarked that the court itself was surprised that such important posts had remained vacant for such a long time. “We will do something because we are also surprised that why these posts are long vacant,” the Chief Justice observed during the hearing.
Seeking further clarity, the bench asked whether the vacancies were restricted to the principal bench of the tribunal or extended to regional benches as well. Responding to the query, Rohatgi stated that the issue existed across all benches nationwide and claimed that many positions had remained vacant for nearly a decade.
“Everywhere. For 10 years the posts are lying vacant. I don’t know how these bodies function,” Rohatgi told the court.
Taking note of the submissions, the Supreme Court stated that it would request the intervention of Attorney General R. Venkataramani to examine the issue and facilitate corrective measures. The bench directed that a copy of the petition be supplied to the office of the Attorney General so that the matter concerning unfilled posts could be addressed expeditiously.
The court also requested the chief justices of the concerned high courts to make available judicial officers to support the functioning of the tribunal benches until the vacancies are filled.
In his petition, Praveen Kumar Bansal sought directions for the immediate initiation and completion of the recruitment process for vacant posts of Deputy Registrar and Assistant Registrar in the tribunal. The plea referred to a representation dated December 27, 2025, highlighting the urgent need for appointments.
The petition further sought directions for convening the long-pending Departmental Promotion Committee for promotions to posts including Senior Private Secretary, Private Secretary and other subordinate staff positions. According to the petitioner, several promotion processes have remained pending since 2015 and 2017, resulting in severe administrative stagnation within the tribunal.
Additionally, the petitioner requested a status report from the concerned authorities specifying a clear timeline for filling all vacant positions in the Income Tax Appellate Tribunal.
The proceedings have once again drawn attention to the administrative challenges facing quasi-judicial institutions in India, with the Supreme Court’s observations underscoring growing concerns over the functioning and efficiency of key judicial bodies burdened by chronic vacancies.
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