Judgment

RANGANATH MISRA, C.J.I.

(1) A three Judge bench of this court in Writ Petition No. 297 of 1990 made an order on 20/04/1990, to the following effect:

THIS is an application under Article 32 filed as a public interest litigation for a direction to the Union of India to fill up the posts of Chairman and Members of the Commission under the Monopolies and Restrictive Trade Practices Act, 1969. Notice was issued on this petition on 28/02/1990 and service had been effected before 26/03/1990. The writ petition was adjourned on 26/03/1990 till 9/04/1990 to enable Union of India to file its counter-affidavit. Such affidavit has, however, not been filed till today. When the matter was listed yesterday we were told that if the matter be called today a statement could be made as to when the posts shall be filled up. Counsel for the Union of India says that within a months time these appointments are likely to be made.

IT is not disputed that the Chairman of the Commission died in harness on 11/12/1989. One of its members retired on 31/12/1989. The third member has retired on 28/02/1990. Mr Manchanda, the other member who was acting Chairman retired on 22/03/1990. It is s