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TMI Blog2022 (12) TMI 655X X X X Extracts X X X X X X X X Extracts X X X X ..... at her appointment process may be completed. The petitioner's case could be at the best considered along with other aspiring candidates in accordance with law and on its own merits. Upon being queried, learned senior advocate for the petitioner stated that five persons have been seeking appointment as Members of the Tribunal. Any direction or observation in respect of the petitioner in particular to complete the process cannot be granted. While therefore, the first prayer cannot be considered, the second prayer is regarding formation of policy that the appointment shall be rational and with transparency. It has to be only stated in this regard that the authorities cannot be presumed to be not alive to sub-serve the interests of NCLT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nies Act. The petitioner held office for 5 years as contemplated. It appears that the petitioner sent her willingness on 02.02.2021 to continue as Member(Judicial), National Company Law Tribunal (NCLT) for another term of 5 years. The petitioner has already served for a term of five years and stands retired. 3.1 The respondent issued Circular dated 12.07.2022 regarding filling up of 8 posts of Judicial Member and 11 Posts of Technical Members in the National Company Law Tribunal by inviting online applications for the purpose as reflected in para 7 of the said Circular. 3.2 As provided in para 7 of the Circular Every Member shall hold office for a period of five years from the date on which he/she enters upon his/her office, but shal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e reappointment process should be completed expeditiously, as there is no necessity of issuance of any advertisement for participation of other eligible candidates. Reappointment of members can be considered separately without waiting for the process of fresh appointments to commence. As the strength of the members of the NCLT and NCLAT is depleting which would be detrimental to the smooth functioning of the Tribunals, we direct the Government to complete the process at the earliest and not later than two months 4.3 Another order dated 01.08.2022 of the Apex court in National Company Law Tribunal Bar Association vs. Union of India, Writ petition (Civil) No. 180 of 2022, was also sought to be pressed before the Court, in which the Suprem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the petitioner stated that five persons have been seeking appointment as Members of the Tribunal. Any direction or observation in respect of the petitioner in particular to complete the process cannot be granted. 5.2 While therefore, the first prayer cannot be considered, the second prayer is regarding formation of policy that the appointment shall be rational and with transparency. It has to be only stated in this regard that the authorities cannot be presumed to be not alive to sub-serve the interests of NCLT and act in accordance with the directions of the Supreme Court as above. No further direction is necessary. 6. If at all vacancies are available to be filled up, the authorities shall act in accordance with law. It is respect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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