2008 (11) TMI 459 - AT - Central Excise

Summary

Issues: Failure to place appellant's written submission before the Bench during the stay order, responsibility of Bench registry officers, recovery of postage from officers, direction for appellant to appear and explain the case.

In this judgment by the Appellate Tribunal CESTAT, New Delhi, the issue arose when the appellant's written submission with a prayer for consideration was not placed before the Bench during the passing of the stay order. The absence of the submission caused concern to the Bench during the compliance hearing. The Tribunal noted that the document was received by the office and passed to the Bench registry on the same day but was not presented before the Bench for unknown reasons. Consequently, the Asstt. Registrar and Dy. Registrary Incharge were directed to provide explanations for the lapse by a specified date, highlighting why they failed to inform the Bench about the appellant's submission.

The Tribunal emphasized the need for transparency and accountability, instructing the concerned officers to justify why the postage for sending a notice to the appellant for the next hearing date should not be recovered from their salaries. The matter was scheduled for a future date, with a directive for the appellant to appear and present its case before the Bench. Furthermore, if the appellant intended to seek consideration of the written submission, it was instructed to clearly state its position to ensure a fair decision based on the merits of the case. The Tribunal aimed to address the procedural irregularity and ensure that all relevant submissions were properly considered in the proceedings, emphasizing the importance of adherence to due process and procedural fairness in legal matters.