The Supreme Court bench, comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana, heard a case about staff appointments to the NCLT’s judicial members. The dispute centred on how the tribunal’s personnel were being selected and managed.
CJI Surya Kant slammed the Ministry of Corporate Affairs, saying it seeks to “have complete grip” over the NCLT and calling the move “most unfortunate.” He urged that the NCLT President should have sole authority over appointments, even suggesting the use of UPSC or SSC for recruitment.
Senior Advocate Meenakshi Arora argued that the entire recruitment process had been outsourced to a private firm, a move that could strip staff of their judicial status. She warned that employees who had served almost eight years could be terminated as early as November 1 or 2, jeopardising the tribunal’s independence.
Judge Bagchi noted that while outsourcing recruitment is permissible, the employment relationship must remain direct between the staff and the tribunal. He added that private entities should not control personnel assigned to judicial members.
CJI Surya Kant said the bench would not entertain the plea on behalf of employees with personal interest. Instead, he will consider the issue if the NCLT President raises concerns. The court will hold a hearing only after receiving a detailed report on the matter.