GUJARAT PETROSYNTHESE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners have approached this Court with a prayer to issue a writ in the nature of mandamus directing the respondent to appoint a Chairperson to the Cyber Appellate Tribunal (CAT), so as to ensure that proceedings of the Cyber Appellate Tribunal are held on a regular basis.

(2.) NOTICES were ordered to be issued on 22 -9 -2012 in the present petition and thereafter, the hearing has been adjourned from time to time with the stock reply of learned Counsel for the Union of India that needful is being done for earlier appointment of Chairperson of the Tribunal. At long last, the Ministry of Communication and Information Technology has filed statement of objections on 6 -9 -2013 with verification by Sri Adarsh Kumar, Deputy Director, Department of Electronics and Information Technology.

(3.) IT is also stated for the Union of India that they have written a letter dated 16 -2 -2012 and referred the matter to the Department of Legal Affairs for entrusting the additional charge of the post of Chairman to one Hon 'ble retired justice, but it did not appear to be legally in order. It is further stated that the action for appointment of Chairperson, CAT is under process and laborious efforts are made for an earlier appointment, for speedy disposal of cases. It is stated that the matter is pending between the respondent and selection committee headed by Hon 'ble Justice of the Supreme Court. It is further clearly stated that there is no omission or commission on the part of the respondent in the matter of appointment of Chairperson of CAT. The respondent has relied upon recent letters dated 3 -4 -2013 and 10 -4 -2013, as also 24 -7 -2013 for convening the selection committee to appoint the Chairperson. At the end, a prayer is made by the respondent to dismiss the petition with cost, in view of the facts as aforesaid.