The Central Administrative Tribunal (CAT) at New Delhi has dismissed a plea filed by National Company Law Tribunal (NCLT) technical member Kaushalendra Kumar Singh challenging the appointment of a junior judicial member as the acting President of NCLT [Kaushalendra Kumar Singh Vs Union of India]
A bench of Member (Judicial) RN Singh and Member (Administrative) BS Anand ruled that disputes relating to appointment and service conditions of NCLT members do not fall within the scope of CAT's jurisdiction under the Administrative Tribunals Act, 1985.
"The NCLT is a creation of a statute. It is independent in its function and has powers to regulate its own procedure and the proceedings before it are deemed to be Judicial/quasi-judicial proceedings etc," the CAT held.
Singh had challenged a March 2026 notification appointing judicial member Bachu Venkat Balaram Das as the acting President of the NCLT. He argued that being the senior-most member, he ought to have been considered for the role under Section 415(1) of the Companies Act, 2013.
According to the plea, Singh was appointed as technical member in October 2021 and was senior to Das, who was appointed as judicial member around the same period. He contended that the government’s decision overlooked seniority and violated statutory provisions governing such appointments.
The applicant had initially approached the Delhi High Court, which issued notice in March 2026. The petition was later withdrawn to pursue the remedy before the CAT.
The Union of India and Das opposed the plea, arguing that the CAT lacked jurisdiction.
They relied on Supreme Court precedents including Madras Bar Association v. Union of India to submit that NCLT members do not hold civil posts under the Union and therefore, fall outside the scope of the Administrative Tribunals Act.
The CAT accepted the same. It underlined the independent character of tribunals and their members. It further noted that appointments to the NCLT are governed by the Companies Act, 2013 and the Tribunal Reforms framework, which place such offices outside the traditional civil service structure.
The petitioner was represented by advocate Karan Bharihoke
The Union of India was represented by Senior Central Government Standing Counsel Jaya Agarwal.
Bachu Venkat Balaram Das was represented by advocate Shivanshu Bhardwaj.
[Read Judgment]