NEW DELHI: With the Election Committee headed by Chief Justice of India or his nominee SC Judge Not Able to Locate a successor, ” the Supreme Court on Thursday ordered continuance of retired SC Judge Shiva Kirti Singh Because the chairperson of Both Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
Justice Singh has been appointed as chairperson of both TDSAT on April 21, 2017 and beneath the Telecom Regulatory Authority of India (TRAI) Act, it’s a 3 year article.
This implies, Justice Singh must have demitted office on April 20, 2020.
But due to large deductions from the article of members and also to avoid the chance of this apex telecom appellate tribunal being closed down to litigants, the SC was occasionally expanding the expression of Justice Singh.
The past such extension was given by the SC on January 4.
The TDSAT chairperson is chosen by a board led by CJI or his nominee.
Though Justice Singh’s successor has to have been chosen by the board much before April 20 final year to get easy transition of office into the new chairman, the board hasn’t been in a position to do this for a variety of reasons.
With the passing of Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance on April 4 that enabled a four year tenure to chairpersons of tribunals retrospectively, Justice Singh mechanically got an expansion until April 20, 2021.
However, because no successor was chosen by the CJI-led board the ministry of communicating on May 31 composed a letter to the Manager of TDSAT telling that Justice Singh must have demitted office by April 20, 2021.
Appearing for supporters residing in TDSAT, senior urge Vikas Singh explained that the apex telecom tribunal will be closed if Justice Singh had been made to demit office from the authorities as the final of their members had murdered from October 2019.
Attorney overall K K Venugopal advised a seat of Justices L N Rao, Hemant Gupta and S T Bhat the CJi was asked to make a selection committee to finalise decision into the place of TDSAT chairman.
The seat said,”We don’t have any doubt in mind that the decision procedure could be expedited.
Meanwhile, we direct this Justice Shiva Kirti Singh will probably be repeated as Chairman, TDSAT until new appointment is made to this article.
Otherwise, TDSAT needs to be closed that may lead to no access to justice to the litigant public.
We ask theCJI to expedite the procedure for meeting of the Chairman, TDSAT.” On January 4, the SC had led continuation of Justice Singh since the Chairman of both TDSAT along with the additional members of this Tribunal had retired before.
