The Telecom Regulatory Authority of India (Trai) today sought directions from the Supreme Court on whether sectoral tribunal TDSAT has powers to hear appeal against regulations framed by it.
In a petition seeking the transfer of a case from the Delhi High Court to the apex court, Trai has submitted that TDSAT is not authorised to hear appeal against its regulation.
It said, however, that TDSAT can decide only against a direction, decision or an order passed by it.
"TDSAT is authorised only to hear and dispose of appeal against any direction, decision or order of the petitioner (Trai) under the Trai Act, 1997 and their is no provision to hear appeal against regulations framed by Trai in the exercise of its power under section 36 of the Act," said Trai in its petition requesting the Supreme Court to transfer a petition filed by it in the Delhi High Court in 2006.
A Bench headed by Chief Justice SH Kapadia issued notices to the tribunal asking it to file a reply.
Trai submitted that it has already challenged an order of TDSAT which had, on May 28, 2010, set aside telecommunication interconnection (port charges) Amendment regulation 2007.
On a plea of state-run firm BSNL, TDSAT had asked Trai to take a fresh look on the regulation which reduced port charges by about 23-29 per cent on various slabs. Trai challenged this on July 28, 2010 and the matter is scheduled to be heard on December 2, 2010.
Meanwhile, Trai's transfer plea pertains to an order passed by the tribunal in January 2005 in which TDSAT had said that it has jurisdiction to "examine the vires of a regulation".
This was challenged by Trai before the Delhi High Court, where a single member Bench had dismissed the petition saying that regulation is a delegated legislation and TDSAT has power to decide on it.
Trai has challenged the decision before a division Bench of the Delhi High Court, where the matter is pending.
In its transfer petition filed today the Trai requested the Supreme Court to club both the cases and decide on the issue whether TDSAT has power on its regulation.
