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The Appellate Tribunal CESTAT, New Delhi, in the 2009 (2) TMI 542 case, was presided over by Shri D.N. Panda and Rakesh Kumar, JJ. The case involved 22 officers of the Customs Department who faced charges following a common order of adjudication on 1-10-07. Of these, 14 officers were found innocent and discharged, while 8 officers appealed to the Tribunal seeking remedy. The Tribunal acknowledged the need for expeditious justice, particularly for those nearing retirement or facing career implications.
The Tribunal noted that the revenue had filed only one common appeal against the 14 officers, emphasizing that the cause of action for each person differed based on the gravity and nature of the allegations. The Tribunal directed the revenue to rectify this by filing 14 separate appeals, warning that failure to do so would result in dismissal of the consolidated appeal. The Tribunal set a deadline for this action. To address the urgency of the situation, the Tribunal ordered all connected matters from the 1-10-07 adjudication to be listed for hearing on April 30, 2009. The Respondents' counsel was present, and the Tribunal warned that failure to appear would result in an ex-parte decision. Similarly, if the revenue failed to file the appropriate number of appeals or sought adjournment, appropriate legal action would be taken. Finally, all miscellaneous applications were allowed, and notice was to be issued to the 8 absent appellants for the April 30 hearing. Revenue was also put on notice for all cases. The judgement was dictated and pronounced in open court.
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