being taken to fill the posts.
Officials say the government is not keen to fill the vacancies as the body will be replaced by the CCI. However, even after CCI is notified, the MRTPC will function for two more years to clear the cases it is hanling at present. The MRTPC is still taking fresh cases.
"It is a fact that the positions have not been filled till now because the CCI was being structured. But we are short of hands," said an MRTPC official.
For instance, there are six vacancies in the legal department, including joint director and deputy director's positions. There's no one in the MRTPC to do legal investigation, says the official.
In addition, the MRTPC chairman will demit office in March next year while the two members will retire later. The government hasn't started the process to fill these three posts.
A corporate affairs ministry official, however, said there was still time and the process would be started a couple of months before the incumbents were due to leave their offices.
Both
chairman and members are appointed by the Appointments Committee of Cabinet from a list prepared by the ministry.
While the chairman is selected from among the retired high court judges, the members are shortlisted from the candidates recommended by various ministries. Officials say the process should have been initiated by now because it takes a very long time.
There are about 2,000 cases before the MRTPC, hence it is imperative that the new team is ready to take up the cases once the present apex decision-making group of chairman and members retires, says a senior MRTPC official.
The MRTPC will continue to deal with pending cases for two years after the establishment of the CCI and will then be dissolved.
However, it will not entertain any new cases after the CCI is constituted.
But whether it will be able to wind up all the cases in two years is difficult to say, says another MRTPC official. Since it is a quasi-judicial body, the cases are heard in the court and so they can be at various stages such as filing of a reply, rejoinder, applicant's evidence, respondent's evidence and final arguments.
In view of the nature of the work, no time-frame can be fixed for disposal of cases, says the official.
