Centre reinstates NCLAT acting chief

Tribune News Service

New Delhi, September 16

The Centre on Thursday told the Supreme Court that former acting chairperson of the National Company Law Appellate Tribunal (NCLAT) Justice AIS Cheema will be reinstated and allowed to continue in office till September 20. The newly appointed NCLAT chairperson Justice M Venugopal will be asked to go on leave until then, Attorney General KK Venugopal told a Bench led by CJI NV Ramana.

Tenure controversy

• The SC had taken strong exception to govt decision to curtail Justice Cheema’s tenure
• Justice Cheema had demanded he be allowed to work up to Sept 20 to enable him to pronounce orders prepared by him

As the controversy over Justice Cheema’s premature retirement as acting chairman of the NCLAT got blown over, the CJI thanked the Attorney General for solving the problem. The Bench, however, made it clear that “the instant order has been passed taking into consideration the peculiar facts and circumstances of the present facts and this shall not be treated as a precedent.” Justice Cheema had moved the top court against the government’s decision to curtail his tenure. He had demanded that at least he should be allowed to work up to September 20 as the officiating chairperson of the NCLAT to enable him to pronounce the judgments prepared by him.

As the Attorney General said, “This will become awkward for the current chairperson,” the Bench shot back, “Your orders are also awkward. We have to say you are responsible for this situation.”

Former Madras High Court judge Justice Venugopal had replaced Justice Cheema as an acting chairperson of the NCLAT on September 11.

The top court had on Wednesday taken strong exception to the curtailment of Justice Cheema’s tenure.

The Bench said it would suo motu stay the Tribunals Reforms Act, 2021, under which the decision was taken even as it asked the Attorney General to take instructions from the government on the issue. The Act is already under challenge before the top court.

Taking strong exception to “cherry-picking” by the Centre in the recently cleared appointments in various tribunals, the court had sought filling of around 250 vacancies.

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