Pinnacle Court says that it is better to wind up tribunals if members can’t follow propriety

The Top Court today 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.

A Bench headed by CJI NV Ramana and comprising of Justice AS Bopanna and Justice Hima Kohli made the observations while hearing a special leave petition challenging the 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.

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.

Senior counsel Abhishek Manu Singhvi, appearing for the petitioner, Sravanthi Energy Private Limited, told the bench that Karnatak served 38 years with GAIL and was also in-charge of the project as an officer, but was now examining it as an APTEL member. “This bench has decided 17 matters of this nature. I am here because it (the matter) has also been decided against us. Such things cannot be allowed to go on. How can someone like him hear these cases?” Singhvi said.

How can he (member) hear the matter? Whatever it is, how can he hear that matter? It is better to wind up tribunals if things are going to be like this. What about the propriety?” A bench, headed by Chief Justice of India NV Ramana, told additional solicitor general Sanjay Jain.

The Apex court has been repeatedly pulling up the Central government over the shortage of manpower and lack of infrastructure in consumer courts across the country.

The bench said that since Ashutosh Karnatak, who is presently a technical member at APTEL, worked with GAIL for several decades , it was improper for him to hear and decide cases relating to the natural gas company.

“He (Karnatak) worked as an officer with GAIL for so many years. Now, he wants to sit on the bench and decide their cases. This is not proper,” the bench told Jain.

APTEL has been working without a full-time chairperson since August 2021. The appellate tribunal is currently working with three members – one judicial member and two technical members, including Karnataka. Apart from chairperson, the tribunal is also short of a technical member.