Justice Shiva Kirti Singh should continue as Chairman of TDSAT

The Supreme Court on Thursday directed the continuation of Justice Shiva Kirti Singh, former Supreme Court judge, to continue as Chairman of Telecom Disputes Settlement Appellate Tribunal (TDSAT) till new appointment is made to the post.

The direction was passed by a bench comprising Justices L Nageswara Rao, Hemant Gupta and S Ravindra Bhat on an interlocutory application filed in the Madras Bar Association’s petition challenging the Tribunals Reforms Ordinance 2021.

The bench has also requested the Chief Justice of India to expedite the process of appointment.

The Attorney General KK Venugopal submitted that as per the Supreme Court order in January, Justice Singh was to continue for 3 months till a new appointment was made. As the new appointment has not been made yet, Centre has written to CJI Ramana that search and selection committee be constituted.

On March 31, the Union Ministry send a communication to the TDSAT Chairperson asking him to demit office by April 20. The communication cited the new Tribunals Reforms Ordinance, which mandate that the tenure of Chairperson cannot exceed 4 years.

This communication was challenged by lawyers practicing in the Tribunal.

“In view of the AG’s submissions, the extraordinary situation and letter dated May 31, 2021, we are of the view that Justice Shiva Kirti Singh will be continuing as Chairman till fresh appointment is made. We request the Chief Justice of India to expedite the process of appointment”, the bench ordered. Livelaw.in