NCLT independently undertakes appointment process for its officers Govt on SC observations
New Delhi, Oct 30 (PTI) The corporate affairs ministry on Friday said the National Company Law Tribunal (NCLT) independently undertakes
New Delhi, Oct 30 (PTI) The corporate affairs ministry on Friday said the National Company Law Tribunal (NCLT) independently undertakes
New Delhi, Oct 30 (PTI) The corporate affairs ministry on Friday said the National Company Law Tribunal (NCLT) independently undertakes
New Delhi, Oct 30 (PTI) The corporate affairs ministry on Friday said the National Company Law Tribunal (NCLT) independently undertakes the process for appointment of its officers and staff, a day after the Supreme Court observed that the ministry has completely hijacked the tribunal.
The oral observations from the top court came on Thursday while hearing a petition filed by contractual employees working at the NCLT and National Company Law Appellate Tribunal (NCLAT). Both tribunals have been grappling with manpower shortage.
In a statement, the ministry said it only performs administrative role in the conduct of appointment process for Judicial and Technical Members of the NCLT.
"The NCLT independently undertakes the process for appointment and management of its officers and staff, including deputy registrars, court officers, stenographers, office assistants and multi-tasking staff," the ministry said.
It also said the ministry delegated this responsibility to the NCLT vide notification dated October 14, 2019, with a view to ensuring its effective and independent functioning.
According to the statement, the respective roles of the ministry and the NCLT may be seen in the context of the distinct responsibilities assigned to them.
The statement did not mention about manpower issues at the tribunal.
On Thursday, a bench of the Supreme Court called for autonomy for the NCLT President and NCLAT Chairperson over appointments.
The bench comprising Chief Justice Surya Kant, Justices Joymalya Bagchi and V Mohana suggested deputation as an interim measure and phased regular recruitment through UPSC or SSC.
"I know how contractors play their hands. They don't care about judicial/technical members. Complete autonomy must be with presidents. They can take UPSC/SSC. The tribunal has been completely hijacked by the Ministry of Corporate Affairs. That is impinging on the autonomy of the institution. That's the problem. The ministry wants to have complete grip; that's most unfortunate," Kant had remarked orally.
(This story has not been edited by THE WEEK and is auto-generated from PTI)