TDSAT rendered defunct Ambiguity prevails over Justice Cyriac Josephs Chairmanship

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has been rendered defunct with the retirement of its only serving member, P.K. Rastogi today. The functioning of the TDSAT had been impaired since the retirement of the former Chairman, S.B Sinha on November 2, 2012. Although Justice Cyriac Joseph was appointed as the new Chairman, sources indicate that he would not be joining the TDSAT..The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has been rendered defunct with the retirement of its only serving member, P.K. Rastogi today. The functioning of the TDSAT had been impaired since the retirement of the former Chairman, S.B Sinha on November 2, 2012. Justice Cyriac Joseph was appointed as the new Chairman but sources indicate that he would not be joining..Since the retirement of S.B. Sinha in November, P.K. Rastogi had literally been holding court alone. In fact the TDSAT practically stopped functioning since January 30, 2013 when notice dated January 29, 2013 declared that PK Rastogi would not be sitting till February 13, 2013..As per sub-section (1) of Section 14B of the Telecom Regulatory Authority of India Act, 1997, (TRAI Act, 1997) TDSAT shall consist of a Chairperson and not more than two members..As per the report in Economic Times, Kuldeep Singh, former Managing Director of state-run telco MTNL had been selected as one of the two members of the TDSAT panel. As per the said report, “another official aware of the development said that the office of the Chief Justice that takes a call on the chairman’s appointment is yet to recommend names for the position, which was causing the delay”. This is again in conflict with earlier news reports which suggested that Justice Cyriac Joseph would take over as the new Chariman..According to certain sources, Justice Joseph is not joining TDSAT and would be joining another tribunal. Further, current member P.K. Rastogi had requested for an extension of his term which was not granted. Also a technical member would be appointed in the coming days but he would not be empowered to take up cases for hearing..These incidents raise questions about the management of appointments to Tribunals, casting a shadow on the very process of Tribunalisation..Photo courtesy this website.