The Supreme Court was hearing on Thursday a Petition filed by the Officiating Chairperson of the National Company Law Appellate Tribunal (NCLAT) against the Union of India. The Bench comprising the Chief Justice of India N. V. Ramana and the justices Surya Kant and Hima Kohli.
Justice Ashok Iqbal Singh Cheema the NCLAT Officiating Chairperson was going to be retired on 20-9-2021 but on 16th September the Government removed Justice Cheema from the post of Officiating Chairperson and appointed Justice M. Venugopal as Acting Chairperson of the NCLAT. Justice Cheema filed the petition in the Supreme Court with the prayer `C’ as contained in the Writ Petition reads as follows:
“(C) Issue a Writ of Mandamus or in the nature of Mandamus or any other appropriate Writ which this Hon’ble Court deems fit, directing the Respondent no.1 to include the period from 11.09.2021 to 20.09.2021 as part of continuous service of the Petitioner as the Officiating Chairperson, National Company Law Appellate Tribunal, New Delhi in terms of communication dated 16.07.2021 bearing No. A- 40012/1/2020 – Ad.IV (Annexure P/12) and pay all service benefits accordingly.”
During the course of the hearing, learned Attorney General fairly states that respondent No.1 – Union of India has no objection in accepting the prayer `C’ made by the petitioner in the present writ petition and to allow the petitioner to work up to 20.09.2021 as the Officiating Chairperson, National Company Law Appellate Tribunal, New Delhi to enable him to pronounce the judgments prepared by him.
Learned Attorney General further submits that after acceptance of the above-mentioned prayer ‘C’ made by the petitioner in the instant writ petition, consequential order will be passed by the respondents forthwith. It is also the submission of the learned Attorney General that respondent No.3 - Justice M. Venugopal as Acting Chairperson will proceed on leave up to 20.09.2021.
The Apex Court took note of the submissions advanced by the learned Attorney General for India and the writ petition was disposed of in the above terms.
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