Supreme Court Rejects Pleas To Allow APTEL Technical Member To Function Till December 31

first_imgTop StoriesSupreme Court Rejects Pleas To Allow APTEL Technical Member To Function Till December 31 LIVELAW NEWS NETWORK18 Dec 2020 10:39 PMShare This – xThe Supreme Court on Thursday rejected pleas to allow the Technical Member of Appellate Tribunal for Electricity(APTEL) to hold office till December 31 so as to enable him to pronounce judgments on matters heard by him along with the APTEL Chairperson.The date of retirement of APTEL Technical Member, SD Dubey, as per the judgment delivered by the Supreme Court on November 27 this year in the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court on Thursday rejected pleas to allow the Technical Member of Appellate Tribunal for Electricity(APTEL) to hold office till December 31 so as to enable him to pronounce judgments on matters heard by him along with the APTEL Chairperson.The date of retirement of APTEL Technical Member, SD Dubey, as per the judgment delivered by the Supreme Court on November 27 this year in the case Madras Bar Association v Union of India is November 8, 2020. The Court had earlier passed an interim order on October 9 in the case allowing all serving members of the Tribunals to serve till December 31.On account of such extension, he Member (Technical) of the Appellate Tribunal for Electricity, New Delhi, who was to superannuate on 08.11.2020, continued to discharge his functions and reserved judgments in various cases, which were heard by him, alongwith the Chairperson, APTEL. In the final judgment pronounced on November 27, the Court said that the members of Tribunals, who were appointed prior to February 12, 2020, will retire as per the provisions of the Tribunal, Appellate Tribunal and other Authorities [Qualification, Experience and Other Conditions of Service of Members] Rules, 2020. Applying these rules, the APTEL Technical Member will retire on November 8. As a result, various judgments which were reserved by the Member (Technical) APTEL could not be pronounced.In this backdrop,  a series of applications were filed, seeking a clarification that the Member (Technical) of the Appellate Tribunal for Electricity in particular, shall continue to officiate till 31.12.2020 in terms of the Court’s interim order passed on October 9.On Thursday, when the matter was listed, Mr. Giri V, Senior Advocate, Mr. Sajan Poovayya, Senior Advocate, alongwith Mr. Hemant Singh, Mr. Mridul Chakravarty, Mr. Lakshyajit Singh Bagdwal and Mr. Tushar Srivastava, Advocates appeared before the Supreme Court, and submitted that in the interest of justice the Member (Technical) APTEL, may be allowed to officiate till December 31 this year, in order to at least pass judgments in the matters have been heard and reserved for judgments, prior to the passage of the final judgment on November 27. Attorney General for India also appeared and submitted that in terms of Para 53 (xv) of the judgment, there is no ambiguity in the order. However, since precious judicial time has been invested in case, the Court may grant an extension to the Member (Technical) APTEL to continue to hold officiate till 31.12.2020, in order to pass the judgments which were reserved, the AG submitted. After hearing the submissions of the Senior Advocates and the Attorney General, the Supreme Court passed an order stating that there is no need to give any clarification, since the judgment dated 27.11.2020 is clear, especially para 53 (xv) which states that in view of the final judgment on the 2020 Rules, the retirements of the Chairpersons, Vice Chairpersons and the members of the Tribunals shall be in accordance with the applicable Rules.”The Technical Member, APTEL was scheduled to retire on 08.11.2020 in accordance with the terms of his appointment. The consequences of the direction issued by this Court have to follow. Though, we appreciate the difficulties pointed out by the learned Senior Counsel relating to the time and effort spent on the hearing of the cases, we do not intend to an exception. The Member, Technical, APTEL ceased to hold the post after 08.11.2020″, a bench comprising Justices L Nageswara Rao,Hemant Gupta and S Ravindra Bhat held.Click here to read/download the orderNext Storylast_img read more

Giants’ Golden Tate appealing PED suspension: I take ‘great pride in playing this game the right way’

first_imgMy statement. pic.twitter.com/WzP7W4bclB— Golden Tate (@ShowtimeTate) July 27, 2019″During the entirety of my 10 year career I have taken great pride in playing this game the right way, have been an ambassador for the NFL and have never had any issues with the league’s policy,” Tate wrote in a statement. “The treatment this past April had no effect on the upcoming season, and I did not, and could not have undergone this treatment in April for any competitive advantage.”Giants coach Pat Shurmur revealed that the team didn’t know about Tate’s situation until after he signed with New York in March.  Related News Eli Manning responds to Odell Beckham Jr.’s criticism: ‘We won a few games before he was here’ Since the Giants’ training camp opened earlier this week, top wideout Sterling Shepard broke his thumb, while Corey Coleman suffered a season-ending ACL injury. Rookie Darius Slayton is also dealing with a hamstring injuryESPN reports Tate’s appeal is set for the first week in August with a resolution expected before the start of the season.”I deeply appreciate the support from the New York Giants Organization, and will continue to hold the highest level of character and integrity, while being a leader in the locker room,” Tate added. Giants wide receiver Golden Tate is facing a four-game suspension for violating the NFL’s performance-enhancing drugs policy, though he issued a statement Saturday saying he plans to appeal it.The 30-year-old wide receiver explained the positive test was a result of a treatment he was prescribed from a fertility specialist. Tate wrote that he stopped taking the prescription when he learned an ingredient was on the NFL’s banned substance list. He said he went through the proper protocol and informed the league before he was suspended. Sterling Shepard injury update: Giants’ potential No. 1 receiver breaks thumb “We will see what happens,” Shurmur said.If Tate does end up missing the first four games of the season, it will be a big loss for the Giants who are already struggling with depth at the wide receiver position without Odell Beckham Jr. Corey Coleman injury update: Giants receiver out for season after tearing ACLlast_img read more