Justice AIS Cheema moves Supreme court against his early curtailment of his tenure as NCLAT, Acting Chairperson

by Rhytham jain

Justice Cheema filled a petition before the supreme court of India against the decision of central government to curtail his tenure few days before it was slated to end on 21 September. CJI requested the attorney general for India to get the instruction from the government and present it before the honourable supreme court.

He was a former judge of the Bombay High court who was appointed a judicial member of NCLAT on 11 September, 2017 and he became acting chairperson on 19 April 2019. He was expected to continue on this post till 20 September 2021 as he was getting 67 on 21st September which is the retirement age of NCLAT members. But he got a notice from central government that his tenure will end early as he has completed 4 years.

This retirement period of 4 years has been added as per new tribunal reforms act, 2021. He contended that in this contention that his tenure will remain till the date 21 he had taken leave from 31 august to 10 September with the objective of ensuring that he had already cleared all thee pending judgments so as to pronounce them in the next week starting from 13th sept. in the petition he stated that central government has issued the communication illegally curtailing the petitioner’s tenure.

He said that it was very hurting to be treated like this after rendering service of more than 39 years in Judiciary. He said that he filled this petition to regain the honour of whole judiciary. The matter of service and new retirement time is already a matter of contentious issue between supreme court and government as many of its new provisions run contrary to the mandate of Supreme court.

This issue became so controversial and for this supreme court gave one day to attorney general to submit its report or reply before the court.

Legal