News UpdatesDelhi HC Issues Notice In Plea Challenging The Appointment Of Justice (Retd) Bansi Lal Bhat As The Officiating Chairman Of NCLAT Karan Tripathi16 Jun 2020 5:06 AMShare This – xDelhi High Court has issued notice in a plea challenging the appointment of Justice (Retd) Bansi Lal Bhat as officiating Chairman of the National Company Law Appellate Tribunal. The Division Bench of Chief Justice DN Patel and Justice Prateek Jalan has issued notices to the Ministry of Corporate Affairs and the Registrar of NCLAT, among others. Filed by Advocate Fozia…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginDelhi High Court has issued notice in a plea challenging the appointment of Justice (Retd) Bansi Lal Bhat as officiating Chairman of the National Company Law Appellate Tribunal. The Division Bench of Chief Justice DN Patel and Justice Prateek Jalan has issued notices to the Ministry of Corporate Affairs and the Registrar of NCLAT, among others. Filed by Advocate Fozia Rahman, the petition is moved as a PIL challenging the order dated 12/03/20 of the Ministry of Corporate Affairs wherein Justice (Retd.) Bansi Lal Bhat was appointed as the officiating Chairman of the NCLAT. The petition also seeks setting aside of Rule 10 of the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Condition of Service of Members) Rules, 2020, if it is to be read/interpreted as permitting the Central Government to appoint any Member, irrespective of their Seniority, as “Acting/Officiating Chairperson” of the NCLAT in the event of the occurrence of any vacancy. The Petitioner has argued that the said appointment by the Central Government is contrary to and in violation of the provisions of the Companies Act, 2013 as well as the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Condition of Service of Members) Rules, 2020. It is further argued that if the appointment of an Acting/Officiating Chairperson is made arbitrarily and without abiding the applicable laws, the same shall erode the public trust in the judicial system and also dilute the separation of powers and independence of the judiciary, which shall in turn have a negative impact on the public and their ability to access impartial judicial process and a robust judicial mechanism. Petitioner is aggrieved by the fact that the Central Government has not appointed the senior most member of the NCLAT as its officiating Chairman. The petition states: ‘The Rules nowhere entitles the Central Government to overlook ‘seniority’ in case of appointment of a member (in absence of vice chairman or vice president) to officiate as Chairperson, Chairperson, President or Presiding OfficerThus, the senior-most member of the Hon’ble NCLAT, whether s/he be a technical member or a judicial member, ought to have been appointed to officiate as Chairperson.’ Therefore, it is argued that the appointment of Justice (Retd.) Shri Bansi Lal Bhat cannot be sustained under either the Tribunal Rules 2020 nor the Companies Act 2013, as he is not the senior most member and there are other judicial and technical members holding greater seniority than him. The court will next take up the matter on June 30. Next Story
Illustration (Photo: Pixabay) Oregon State University (OSU) has submitted a 1,000-page draft license application that outlines construction and operation details of a wave energy test site off the Oregon coast.Culminating five years of work, the plan also includes the measures to avoid, minimize and mitigate any potential environmental effects of the center – designed to allow commercial wave energy developers the opportunity to test different technologies for harnessing the untapped energy of ocean waves.Submission of the draft license application to the Federal Energy Regulatory Commission (FERC), an independent agency that regulates the transmission of electricity, opens a 90-day public comment period.The test site, dubbed Pacific Marine Energy Center South Energy Test Site (PMEC-SETS), will be located about seven miles west of Seal Rock, which is between Newport and Waldport on the Oregon coast.As the first pre-permitted full-scale, utility grid-connected wave energy test site in the United States, it will be able to accommodate up to 20 wave energy converters with a peak capacity to generate as much as 20MW of electricity.PMEC-SETS will be connected with cables to a shoreside facility where electricity generated by the wave energy converters will be ‘conditioned’ and fed onto the local utility distribution system – potentially providing 20,000 homes with clean power when operating at full capacity.Burke Hales, Professor at OSU and Chief Scientist for the project, said: “Submitting the draft license application is an important milestone for this project. It represents five years of work by a dedicated group of more than 40 partners from federal, state and community groups, including the Fishermen Involved in Natural Energy (FINE), who represent the local fishing interests.”The draft license application is a key component of a $35 million grant that OSU received in December 2016 from the U.S. Department of Energy to develop and build-out the site, the University noted.In addition, the project has also received financial support from the State of Oregon.After the public comment period is over, OSU will address concerns that are raised and finalize project plans before submitting a final license application to FERC possibly in late 2018.The test site project is housed within OSU’s College of Earth, Ocean, and Atmospheric Sciences (CEOAS), an internationally recognized, comprehensive earth system science program which has expertise across coastal oceanography and collaborative research programs that span basic science, engineering, policy and practice.