NEW DELHI: The row over the premature retirement of former NCLAT chairperson Justice Ashok Iqbal Singh Cheema ended in the Supreme Court on Thursday after the Centre conceded, permitting him to continue in office till September 20 to pronounce verdicts.
Justice Cheema, the former chairperson of National Company Law Appellate Tribunal (NCLAT), was to superannuate on September 20, but Justice M Venugopal was appointed as the acting head of the tribunal with effect from September 11, creating a peculiar situation where the former approached the top court.
Attorney General KK Venugopal said the termination order was issued as the recently passed Tribunals Reforms Act 2021 fixed the term of members to four 4 years (Justice Cheema was appointed NCLAT member on September 11, 2017). Therefore, the AG maintained that the government had the power to issue the termination order.
However, the bench led by Chief Justice of India NV Ramana insisted that Justice Cheema should be allowed to actually officiate the powers of his office till September 20, as he has reserved judgments in five cases. The bench also warned that it will suo motu stay the Tribunals Reforms Act 2021. It may be recalled that this Act has become a point of friction between the Supreme Court and the Centre. The court is unhappy that the Act has been passed with the very provisions which were struck down in the Madras Bar Association case.
“I have taken instructions. It was said he (Cheema) took leave to write judgments. So we have decided he will be allowed to go to office and pronounce judgments, the current chairperson Justice Venugopal will be sent on leave,” the Attorney General told the bench of Chief Justice Ramana and Justices Surya Kant and Hima Kohli. The court was hearing a plea by Justice Cheema against the government’s decision to curtail his tenure as judicial member of NCLAT by 10 days before it was slated to end on September 20.
Retirement on day that was scheduled
Scheduled to retire on September 20, Justice Cheema was asked to vacate the seat from September 11. The Centre conceded in Supreme Court that he will continue to pronounce judgements until September 20.