Read Time: 04 minutes

The Supreme Court has today disposed of a plea filed by Justice AIS Cheema, challenging the decision of the Government curtailing his tenure as the Attorney General KK Venugopal informed the bench that they are reinstating Justice Cheema till September 20.

A bench of the Chief Justice NV Ramana, Justice Surya Kant and Justice Hima Kohli noted that the submission is accepted and the consequential orders will be passed, whereas, the current Chairperson will be on leave till then.

The bench was hearing a plea filed by Justice Ashok Iqbal Singh Cheema challenging the Government's order curtailing his tenure as Chairperson NCLAT. 

Justice Cheema is scheduled to retire on September 20, however, a letter dated September 10 informed him that his tenure of 4 years has ended.

The plea filed by Justice Cheema said that the communication abruptly curtailing the period of the term is discriminatory, arbitrary, illegal and violative of Article 14 of the Constitution.

Attorney General informed the Court that Justice Cheema will be reinstated to pronounce the judgments and till then the current Chairperson will go on leave.

Background

Justice Cheema was appointed as a Member (Judicial) in NCLAT on September 11, 2017.

It was in January 2021 that the Central Government revised Justice Cheema's tenure as judicial member in NCLAT till his attaining 67 years of age or until further orders, whichever is earlier and he was due to retire on September 20th on attaining the age of 67 years.

It is Justice Cheem's contention that the Central Government that on on 10th September 2021, centre notified him that it was his last day as his tenure of 4 years had ended.

It has been pointed out that Justice Cheema's appointment was done under the Tribunal Rules 2017 which were struck down by Supreme Court in 2019. According to that judgement in the case of Roger Mathew, those already in service were to be governed by their parent act. Therefore, Appointments made prior to the 2017 Rules were to governed by the parent Acts and Rules which established the concerned Tribunals, according to which Justice Cheema was to retire at the age of 67 years, on September 20, 2021.

 

Case Title: Justice (Retd) Ashok Iqbal Singh Cheema Vs. Union of India and Ors.