Supreme Court - Daily Orders
Kudrat Sandhu vs Union Of India on 3 June, 2021
Bench: L. Nageswara Rao, Hemant Gupta, S. Ravindra Bhat
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ITEM NO.303 Court 7 (Video Conferencing) SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No.807/2021 in W.P.(C) No.279/2017
KUDRAT SANDHU Petitioner(s)
VERSUS
UNION OF INDIA & ANR. Respondent(s)
(IA No.65573/2021-EXEMPTION FROM FILING AFFIDAVIT and IA
No.65572/2021-APPROPRIATE ORDERS/DIRECTIONS )
Date : 03-06-2021 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO
HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
For Petitioner(s) Mr. Vikas Singh, Sr. Adv
Mr. Tushar Singh, AOR
Ms. Pankhuri, Adv
Mr. Mayank Kshirsagar, Adv
Ms. Deepeika Kalia, Adv
Mr. Kapish Seth, Adv
Mr. Mrityunjai Singh, Adv
Mr. Parthasarathy Bose, Adv
Mr. Mohd. Arif, Adv
Mr. Akhilesh Yadav, Adv
For Respondent(s) Mr. K. K. Venugopal, Ld. AG
Mr. Suryaprakash V. Raju, Ld. ASG
Mr. Gurmeet Singh Makkar, AOR
Mr. Zoheb Hussain, Adv.
Ms. Shraddha Deshmukh, Adv.
Ms. Chinmayee Chandra, Adv.
Signature Not Verified
Mr. Manan Popli, Adv.
Digitally signed by
GEETA AHUJA
Date: 2021.06.03
19:02:02 IST
UPON hearing the counsel the Court made the following
Reason:
O R D E R
2 The applicants are advocates practicing in Telecom Disputes Settlement and Appellate Tribunal (TDSAT). They have filed this Miscellaneous Application for setting aside the letter dated 31.05.2021 of the 1st Respondent. By the letter dated 31.05.2021, the Ministry of Communications informed the Director of Telecom Disputes Settlement and Appellate Tribunal that the Chairman of the Tribunal Justice (Retd.) Shiva Kirti Singh should demit office on 20.04.2021. The reasons given for the decision is that the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 (‘the Ordinance’) was passed on 04.04.2021 by which certain amendments have been made to Section 184 of the Finance Act and in accordance with the amended provisions of the Ordinance, the Chairman cannot continue beyond 20.04.2021 on which date he would complete his tenure of four years from the date of his appointment.
On 04.01.2021, this Court directed continuance of Justice (Retd.) Shiva Kirti Singh as the Chairman of TDSAT as the other members of the Tribunal have retired earlier. As the selection process for appointment of the Chairman, TDSAT had not yet been initiated, in the interests of justice, we passed the order dated 04.01.2021 permitting Justice (Retd.) Shiva Kirti Singh to continue as the Chairman, TDSAT.
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We are informed by the learned Attorney General for India that the Chief Justice of India was requested to constitute a selection committee and finalise the selection to the post of Chairman, TDSAT. We have no doubt in our mind that the selection process would be expedited. In the meantime, we direct that Justice (Retd.) Shiva Kirti Singh shall be continued as Chairman, TDSAT till fresh appointment is made to that post. Otherwise, TDSAT has to be closed which would result in no access to justice to the litigant public. We request the Chief Justice of India to expedite the process of appointment of the Chairman, TDSAT.
(GEETA AHUJA) (ANAND PRAKASH) COURT MASTER COURT MASTER