'Better Wind Up Tribunal' : Supreme Court Disapproves APTEL Technical Member Hearing GAIL Cases Despite Being Ex-GAIL Chairman

The Supreme Court of India on Tuesday expressed its disapproval towards a Technical Member (P&NG) of Appellate Tribunal for Electricity (APTEL) who was former interim Chairman and Managing Director of Gail (India) Limited hearing appeals involving GAIL.

"I don't want to use harsh words but how can He hear the matter? He cannot hear the matter, if this is the way then better wind up the Tribunal." the CJI Ramana remarked

A Bench comprising CJI NV Ramana, Justice AS Bopanna and Justice Hima Kohli made the observations while hearing a special leave petition challenging order passed by APTEL, New Delhi holding that Dr. Ashutosh Karnataka the Technical Member (P&NG) APTEL, who was interim Chairman and Managing Director of Gail (India) Limited shall not recuse himself from hearing and deciding appeals in which GAIL is a party.

During the hearing, Senior Advocate AM Singhvi appearing for the petitioners submitted that the the Court needs to take some action on whatever is going on. as the person has worked in the same organisation.

ASG Sanjay Jail appearing for GAIL submitted that the petitioners are not a party in the matter in which the impugned order was passed and, and no objection was taken by them in the matter in which they parties.

"Whether they've taken objection or not is not the question. Question is propriety. After all he worked as an officer at GAIL and now he wants to hear the matter?" CJI further remarked

The Bench further observed that recommendations for appointments to the Tribunal has already been made, the appointments to APTEL can be completed and matters can be heard.

"You appoint, already we have made recommendations Chairman, President and all that. You Appoint and let the matters be heard." CJI told the ASG

" If you think no other bench other than this gentleman is there to hear the matters, appoint other members and chairman etc. Complete it so the Chairman can hear. I will issue notice to the Government of India then , let someone come and tell when they will appoint Chairperson and other people so these orders can be avoided" the CJI said

The Bench therefore issued notice on the special leave petition and directed the notice to be served on the Attorney General of India KK Venugopal seeking his assistance in the matter.

The AG's assistance is being sought with regard to the issue of appointments to be made to the Electricity Tribunal.

Details:

The present SLP has been filed through Advocate Senthil Jagadeesan on behalf of the petitioners Sravanthi Energy Private Limited (SEPL) and Gama Infraprop Private Limited (GIPL). 

The impugned order rejected the appeal of Sabarmati Gas Limited seeking that its appeal be not heard by a Bench comprising Dr. Ashutosh Karnataka, who had a long career of more than 38 years holding various senior positions in GAIL before he was appointed as Technical Member (P&NG). Further, the order refused to defer such appeals till another Technical Member (P&NG) is appointed or for the Bench to be reconstituted for the purposes of hearing the said appeal.

The petitioners have argued that the Impugned Order also affected the rights and interests of all the parties to the pending appeals before APTEL in which GAIL was a party, but the Order was passed without providing any opportunity to the other concerned parties including the Petitioners.

The petition has pointed out that since July 2020 till date, the Member Technical (P&NG Bench) of APTEL has heard, participated in and decided a total of twelve matters that were pending before APTEL in which GAIL was a party and each of said judgments have been in favour ofGAILor its relevant subsidiary or joint venture.

According to the petitioners, the appointment of the former interim Chairman and Managing Director of GAIL as the Hon'ble Technical Member (P&NG) of APTEL has negated the due process and assurance of fair hearing in the appeal process.

Further, it has been argued that the Impugned Order and the hearing of appeals involving GAIL by a Bench of APTEL that comprises of the former interim Chairman and Managing Director of GAIL itself negates the provisions of appeal under Section 33 PNGRB Act in relation to matters in relation to or involving GAIL (India) Limited.

Case Details: Sravanthi Energy Private Limited (SEPL) & Anr vs Gail (India) Ltd vs Ors 

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