The Delhi High Court on Tuesday issued notice to the Central Government in a PIL challenging the appointment of Justice (Retd.) Bansi Lal Bhat as Officiating Chairperson of the National Company Law Appellate Tribunal (NCLAT).
The Division Bench of Chief Justice DN Patel and Justice Prateek Jalan has issued notices to the Central Government in the plea filed by Advocate Fozia Rehman.
The Central government in March this year had appointed Judicial Member Bansi Lal Bhat as the officiating Chairperson of NCLAT after Justice SJ Mukhopadhaya has resigned upon completion of his term from the office of Chairperson.
The petitioner said that the notification appointing Justice (Retd) Bansi Lal Bhat as officiating Chairperson of the National Company Law Appellate Tribunal is contrary to and in violation of the provisions of the Companies Act, 2013 as well as the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Condition of Service of Members) Rules, 2020.
The petition reads that the law mandates that the senior-most member to act as the “Acting Chairperson” and the Central Government was not empowered to overlook seniority in case of appointment of a member, whether judicial or technical, to officiate as Chairperson.
It further argued that the appointment of Justice (Retd.) Bansi Lal Bhat cannot be sustained under Tribunal Rules, 2020 nor the Companies Act, 2013 as he is not the senior most member and there are other Judicial & Technical members holding higher seniority than him.
The Court has scheduled the matter for hearing to June 30.
