Mahesh Chandra Tripathi, J. - (1.) Ajay Kumar Jaiswal and three others are before this Court assailing the impugned order dated 28.12.2016 passed by the first respondent i.e. Debt Recovery Tribunal, Allahabad and for direction to the respondents not to dispossess them from their property i.e. Plot of land with a tin shed at Mohalla Ram Leela Maidan Ward No. 20, Hanuman Chowk Nautanwa District Maharajganj.
(2.) On 8.2.2017 the matter was taken up and the Court had proceeded to pass following orders:- "On 24.1.2017 the Court had proceeded to pass a detailed order and requested Sri Ashok Mehta, learned Additional Solicitor General of India to seek necessary instructions from the department concerned and the matter was directed to come up on 31.1.2017. The order is reproduced herein below:- Present matter was taken up on 23.1.2017 and this Court has proceeded to pass the following order:- "Ajay Kumar Jaiswal and three others are before this Court assailing the impugned order dated 28.12.2016 passed by the first respondent and further direction in the nature of mandamus directing the respondents not to dispossess them from their property i.e. Plot of land with a tin shed at Mohalla Ram Leela Maidan Ward No. 20, Hanuman Chowk Nautanwa District Maharajganj. Admittedly, the petitioners have proceeded to file Appeal Serial No. 2 of 2017 (Ajay Kumar Jaiswal and others Vs. Allahabad Bank and others) before the D.R.A.T. challenging the order dated 28.12.2016 passed by the Debt Recovery Tribunal, Allahabad in Case No.S.A. 384 of 2015. It is stated in paragraph Nos. 36 and 37 of the writ petition that the D.R.A.T. has passed the order dated 13.01.2017 fixing the next date as 07.04.2017. In this backdrop, learned counsel for the petitioners informs the Court that the Chairperson of the D.R.A.T. Allahabad has resigned and the post of Chairperson in the D.R.A.T. is lying vacant and this Court should come for rescue and reprieve to the petitioners, otherwise they would be dispossessed from the property in question. Once such is the factual situation wherein the post of Chairperson in the D.R.A.T. is lying vacant due to resignation or other reason, then the case may be transferred to the D.R.A.T. New Delhi. Put up this matter tomorrow as fresh. Learned counsel for the petitioners shall inform this order in writing to Sri Ashok Mehta, learned Senior Advocate appearing for the Union of India." Shri Tarun Verma, learned counsel for the Allahabad Bank in this regard submits that Section 29 of the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016 (44 of 2016) provides for an amendment to Section 8 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), which is as follows:- "29. Amendment of Section 8-In the principal Act, in section 8, in sub-section (1), the following proviso shall be inserted, namely- "Provided that the Central Government may authorise the Chairperson of any other Appellate Tribunal, established under any other law for the time being in force, to discharge the functions of the Chairperson of the Debts Recovery Appellate Tribunal under this Act in addition to his being the Chairperson of that Appellate Tribunal." As per the aforesaid provisions, it has been submitted that in case there is any vacancy of the Chairperson of Debt Recovery Appellate Tribunal, then in such eventuality the Central Government may authorise the Chairperson of any other Appellate Tribunal, established under any other law for the time being in force, to discharge the functions of the Chairperson of the Debts Recovery Appellate Tribunal under this Act in addition to his being the Chairperson of that Appellate Tribunal. Shri Tarun Verma further submits that there are National Company Law Tribunal, Income Tax Appellate Tribunal and Central Administrative Tribunal and the authority of the Chairperson, Debts Recovery Appellate Tribunal may be delegated to any one of the aforesaid Tribunal as per the provisions quoted above. Various writ petitions are being filed before this Court for interim relief as the Chairperson of DRAT is not available at present and as such it is contended that in between some arrangement should be ensured by the Central Government. The petitioner is permitted to implead "Union of India through Secretary, Ministry of Finance, New Delhi" forthwith. Notices for the same have been accepted by Shri Mrityunjay Tiwari, learned Standing Counsel appearing for Union of India. Let necessary instructions in this regard be obtained by Shri Ashok Mehta, learned Addl. Solicitor General of India from the department concerned positively by the next date. Put up this matter on Tuesday i.e. 31.01.2017 in the additional cause list. Let a copy of this order be given to Shri Ashok Mehta, learned Addl. Solicitor General of India today itself for necessary compliance. Thereafter the matter was again taken up on 31.01.2016 and on the said date Shri Mrityunjay Tiwari, learned Standing Counsel appearing for the Union of India prayed for some reasonable time to comply with the order dated 24.1.2017 and on his request the matter was directed to come up on 8.2.2017 in the additional cause list. Today, when the matter is taken up, Sri Ashok Mehta, learned Additional Solicitor General of India, assisted by Sri Mritunjay Tiwari, has produced the instruction dated 7.2.2017 so sent by Sri V.V.S. Kharayat, Under Secretary, Department of Financial Services, Ministry of Finance, Government of India, which is taken on record. The Court has occasion to peruse the instruction so sent by Sri V.V.S. Kharayat, Under Secretary and finds that the term of Justice Vishnu Kumar Mathur, Chairperson, Debts Recovery Appellate Tribunal (DRAT), Allahabad is upto 1.4.2018 as per the terms of his appointment notification dated 10.4.2015. Justice Vishnu Kumar Mathur has sent his resignation vide letter dated 09.12.2016 and the same is under consideration of the Government of India. It has also been apprised to the Court that the resignation is not yet accepted by the Competent Authority and as such, the post of Chairperson, DRAT, Allahabad is not lying vacant as on date and the present DRAT Chairperson continues till further orders and therefore, the question of entrusting additional charge to any other person does not arise. The Court has also proceeded to consider the provisions contained under Section 15 (1) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, which provides that the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal may resign his office provided that the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. Since none of the conditions stipulated under the proviso to sub-section (1) of Section 15 are fulfilled, as such, the present incumbent Chairperson, DRAT, Allahabad continues to hold his office until a person duly appointed as his successor enters upon his office or until the expiry of three months from the date of receipt of notice etc., whichever is the earliest and as such, the present resignation would expire on 09.03.2017. Sri Ashok Mehta, Additional Solicitor General of India further submits that at present, Justice Vishnu Kumar Mathur is still holding the post Chairperson, Debt Recovery Appellate Tribunal, Allahabad and as such, there is no vacancy at present. He has further apprised to the Court that in case of exigency, there is a provision to shift the Tribunal to other place. The Court is of the considered opinion that till expiry of three months i.e. upto 09.03.2017 there is no vacancy of Chairperson, DRAT, Allahabad. Once Justice Vishnu Kumar Mathur has tendered his resignation vide letter dated 9.12.2016, then the Competent Authority is at liberty to accept or reject it at the earliest. The Court is also of the considered opinion that since the Tribunal is facing great chaos due to pendency of cases before the Appellate Tribunal, let an appropriate decision be taken by the Government of India at the earliest. It has also been informed that the next date fixed in the matter is 07.04.2016. In case, there is any urgency, the parties may move an application before the Appellate Tribunal after 09.03.2017 for preponing the date and the Appellate Tribunal would be at liberty to pre-pone the date fixed in the matter. As prayed, put up this matter on 10.03.2017 in the additional cause list. On the next date, learned counsel appearing on behalf of the Government of India, shall submit instruction in the matter. It is made clear that the Court has not examined the merits of the case. Let a copy of the order be supplied to Sri Ashok Mehta, learned Additional Solicitor General of India, free of cost."
(3.) In compliance of thereof, Sri Ashok Mehta, Additional Solicitor General of India assisted by Sri Mritunjay Tiwari, Advocate has apprised to the Court that in the present matter, the resignation of Justice Vishnu Kumar Mathur (Rtd.) from the post of Chairperson, Debts Recovery Appellate Tribunal, Allahabad has been accepted by the Competent Authority w.e.f. 09.03.2017 vide notification No.7/13/2016-DRT, issued by the s, , , New Delhi dated 08.03.2017, which is reproduced herein below:- Under Secretary to the ." "No.7/13/2016-DRT Government of India Ministry of Finance Department of Financial Service .... New Delhi, dated the 08th March, 2017 NOTIFICATION Consequent upon the acceptance of his resignation by the Competent Authority, Justice Vishnu Kumar Mathur (Retd.) is relieved from the post of Chairperson, Debts Recovery Appellate Tribunal, Allahabad w.e.f. the forenoon of 9th March, 2017. Sd/- (V.V.S. Kharayat) Under Secretary to the Government of India.";