Delhi High Court closes plea over NCLT acting President appointment

The Delhi High Court on Thursday disposed of a petition filed against the appointment of judicial member Bachu Venkat Balaram Das as the acting President of the National Company Law Tribunal (NCLT) [Kaushalendra Kumar Singh Vs Union of India].

A Bench of Justices Hari Shankar and Om Prakash Shukla passed the order closing the plea since a new full-time NCLT President has now been appointed.

The plea before the Court was filed by Technical Member Kaushalendra Kumar Singh, who contended that he should have been appointed as the tribunal's acting President instead of Das, since he joined the tribunal before Das did and was, therefore, senior to him.

The matter was listed for pronouncement of judgment today.

However, the Central government yesterday appointed retired Punjab and Haryana High Court judge, Justice Anupinder Singh Grewal as the tribunal’s full-time President.

In view of this development, Singh's plea has now been closed by the Court.

On March 16, the Union Ministry of Corporate Affairs appointed Bachu Venkat Balaram Das as the acting President of the NCLT.

Technical Member Kaushalendra Kumar Singh challenged this notification, arguing that he was the senior-most member of the tribunal, having been appointed on September 11, 2021 and having assumed charge on October 1, 2021.

He contended that Balaram Das, who was appointed later on October 10, 2021 and joined on October 18, 2021, could not have been given charge as acting President.

Singh had initially withdrawn his first plea in the matter from the High Court to avail alternative remedies before the Central Administrative Tribunal (CAT). However, on April 8, the CAT dismissed Singh’s plea citing lack of jurisdiction, prompting him to approach the High Court again for relief.

Singh argued that the issue was squarely related to service conditions and seniority of a tribunal member, and therefore fell within the jurisdiction of the CAT under the Administrative Tribunals Act.

On April 10, the High Court issued notice to the Centre and sought responses from the respondents.

However, the Centre on April 29 notified Justice Grewal's appointment as the NCLT's President, rendering Singh's plea infructuous.