NCLT Technical member moves Delhi High Court against CAT order on appointment of acting President

The Delhi High Court on Thursday issued notice to the Central government on a plea filed by National Company Law Tribunal (NCLT) member Kaushalendra Kumar Singh challenging the appointment of judicial member as the acting President of the tribunal [Kaushalendra Kumar Singh Vs Union of India].

A Division Bench of Justices C Hari Shankar and Om Prakash Shukla sought the response of the Union government and other respondents and listed the matter for further hearing on April 20.

Singh has challenged a Central Administrative Tribunal (CAT) order dated April 8 which dismissed his plea on the ground of lack of jurisdiction. He has also assailed the government’s decision appointing judicial member Bachu Venkat Balaram Das as the acting President of the NCLT.

The controversy stems from a March 16 notification issued by the Ministry of Corporate Affairs appointing Balaram Das as the acting President of the NCLT.

Singh has contended that he is in fact the senior-most member, having been appointed on September 11, 2021 and having assumed charge on October 1, 2021. In contrast, Das was appointed later on October 10, 2021 and joined on October 18, 2021

This is the second time Singh is approaching the High Court.

After initially approaching the Delhi High Court, Singh had withdrawn that petition to avail the alternative remedy before the CAT. However, the CAT dismissed his plea on April 8, holding that it lacked jurisdiction to decide the issue.

Singh has now challenged that order before the High Court.

According to his petition, the CAT's finding is legally erroneous and dispute squarely falls within the CAT’s jurisdiction under the Administrative Tribunals Act as it relates to service conditions and seniority of a tribunal member.

Singh submitted that the CAT erred in dismissing his application as not maintainable, despite the dispute relating to his service conditions and seniority.