New Delhi, November 19: The Delhi High Court was informed on Thursday that National Company Law Tribunal’s member (judicial) Rajasekhar VK, who has challenged his transfer order, has joined the new office of Kolkata bench.
Justice Navin Chawla, noting the development, disposed of the petition by the judicial member in which he had challenged his transfer from NCLT Mumbai to Kolkata bench by the tribunal’s acting president, news agency PTI reported.
“….be that as it may, the petitioner has accepted his transfer. The petition is disposed of,” the court said.
Rajasekhar was granted liberty to take up the challenge in the future.
Advocate Vandana Sehgal, representing Rajasekhar, said he has joined the Kolkata NCLT bench as the sole member there has retired during the pendency of this petition.
Rajasekhar did not want the work to suffer, therefore, he decided to join, she said.
The high court earlier said no coercive action be taken against Rajasekhar VK for not joining the new posting for the time being.
The acting president of NCLT, BSV Prakash Kumar, by April 30 and May 12 orders, had shuffled the posting of the NCLT members, which has been challenged in the high court.
The high court, on June 1, had sought response of the Centre and NCLT acting president on Rajasekhar’s plea challenging the transfer orders issued in April and May.
He had also challenged two other orders by which the NCLT acting president had transferred himself from NCLT Chennai to Mumbai bench and the transfer of eight other members, contending that the orders were illegal.
Rajasekhar was appointed NCLT member (judicial) on May 3, 2019 and was posted to the Mumbai bench.
The plea had sought a status quo in respect of postings of members of NCLT till the time a regular president is not appointed and that the president or acting president of the tribunal shall remain at the principal seat, that is Delhi, in terms of the statutory provisions.
The plea had said Kumar has only worked as a district judge and as a member of Company Law Board before being a member of the NCLT and since he was not a high court judge, he was not eligible to be appointed as president, particularly, when Justice Rajesh Dayal Khare, a retired high court judge, was available and functioning as member (judicial) at NCLT, Allahabad bench.
It had added that there were no compelling circumstances for the issuance of the transfer orders when the NCLT was functioning without a president and the members could anyway not take charge of their designated places of postings until the lockdown was lifted by the government.