Telecom Lead India: Telecom tribunal TDSAT gave a split
verdict in the 3G intra-circle roaming case with its Chairman allowing
operators’ plea against the government order to stop the service, while its
member dismissed it.
The two member bench comprising its Chairman Justice S B Sinha and Member P K
Rastogi differed in their findings.
Justice Sinha allowed the telecom operators’ plea against the government’s
directive to stop intra circle 3G roaming saying that it was violating natural
justice.
Rastogi, however, dismissed telecom operators’ plea saying they cannot provide
roaming.
The chairman was of view that the DoT had not followed the proper procedure and
the operators were not given proper time to put their views, according to
agency reports.
According to Justice Sinha it was a violation of natural justice. Setting aside
the DoT’s order to operators to stop ICR roaming, he asked DoT to start the
procedure afresh by giving proper time to operators to respond.
Meanwhile, Rastogi dismissed the appeal of telecom operators saying that they
can’t provide 3G services by having mere 2G licence.
TDSAT has a sanctioned strength of three people including the Chairman.
However, due to retirement of its technical member the tribunal now has two
people, which led to the split verdict.
