CAT Declines Plea Against NCLT Acting President Appointment, Cites Lack of Jurisdiction

April 8, 2026 : The Central Administrative Tribunal (CAT), Principal Bench, New Delhi, has dismissed a petition filed by National Company Law Tribunal (NCLT) Technical Member Kaushalendra Kumar Singh challenging the appointment of a junior judicial member as Acting President of the NCLT, holding that it lacks jurisdiction to entertain such disputes.

In its order dated April 8, 2026, the Bench comprising Member (Judicial) R.N. Singh and Member (Administrative) B.S. Anand ruled that members of the NCLT do not hold civil posts under the Union and therefore fall outside the ambit of the Administrative Tribunals Act, 1985.

The case arose from a notification issued on March 16, 2026, appointing Judicial Member Bachu Venkat Balaram Das as Acting President of the NCLT for a period of six months or until further orders. Singh challenged this appointment, arguing that he was the senior-most member and should have been considered for the role in terms of Section 415(1) of the Companies Act, 2013.

According to the tribunal record, Singh was appointed as Technical Member on October 1, 2021, while the judicial member assumed office later in October 2021. Singh contended that bypassing his seniority violated the statutory framework governing such appointments. The tribunal order notes that a vacancy in the office of President arose on February 13, 2026, following completion of the previous incumbent’s tenure, after which the impugned appointment was made.

The applicant had earlier approached the Delhi High Court challenging the same notification. Notice was issued in that petition, but it was later withdrawn to allow him to pursue remedies before the CAT.

Opposing the plea, the Union of India and the appointed Acting President argued that CAT had no jurisdiction, as NCLT members are not part of the civil services. They relied on judicial precedents, including Madras Bar Association v. Union of India, to assert that tribunals like the NCLT function independently and are not governed by the traditional civil service framework.

Examining Section 14 of the Administrative Tribunals Act, the Bench reiterated that CAT’s jurisdiction is limited to service matters concerning persons appointed to civil services or civil posts under the Union. The Tribunal emphasized that the NCLT is a statutory body created under the Companies Act and functions as an independent adjudicatory authority.

The order further clarified that the positions of Judicial Member and Technical Member in the NCLT are neither civil posts nor posts connected with defence services or All India Services. It also observed that proceedings before the NCLT are judicial or quasi-judicial in nature and that the tribunal regulates its own procedure independently.

Concluding that it lacked jurisdiction, the CAT declined to examine the merits of Singh’s challenge. However, it granted liberty to the applicant to seek relief before an appropriate forum in accordance with law. The application was dismissed without any order as to costs.

Cause Title: Kaushalendra Kumar Singh v. Union of India & Anr.
Case No.: OA No. 1390/2026