Q3 - How does the appeal process to the Appellate Tribunal work in practice?
Answer
- Once the Board issues an order (e.g., a fine or a directive), the affected party has a right to appeal.
- The appeal must be filed within the time limit notified (expected around 30 days).
- The Appellate Tribunal can confirm, modify, or overturn the Board’s decision.
- Further appeals may be taken to the High Court or Supreme Court on points of law.
Example
- If ABC Telecom is fined ₹200 crore for failing to secure call records, it can appeal to the Tribunal arguing that it had adequate safeguards but was the victim of a state-sponsored attack.
- If the Tribunal agrees, the penalty may be reduced or overturned.