2012 (11) TMI 911 - HC - Central Excise

Petitioner questioning vacant positions of CESTAT in Public Interest - Held that - Appointment of President is already done - Interviews had been fixed for the post of Members (Technical)- Request for fixing date of interview for the post of Members (Technical) has been made - Post of Vice - resident proposed to be abolished - For appointment of Deputy Registrar proposal is forwarded to UPSC to fill the post within four months - Status report will be filed to the petitioner.

Summary

Issues: Vacancies in the Customs Excise and Service Tax Appellate Tribunal (CESTAT) including the post of President, Vice-President, Members, and Deputy Registrars.

Analysis:
1. Vacancy of President, Vice-President, Members, and Deputy Registrars: The writ petition highlighted the prolonged vacancy in key positions at CESTAT, including the President, Vice-President, Members, and Deputy Registrars. The respondent informed the court that a Notification dated 28-2-2012 appointed Justice Ajit Bharioke (Retd.) as the President of CESTAT. Additionally, it was mentioned that interviews for two vacant posts of Member (Technical) were scheduled for 24th March, 2012. The process for filling the remaining two posts of Members (Judicial) was underway, with a request made to a Supreme Court Judge, who serves as the Chairman of the Appointment Committee, to fix interview dates. Regarding the post of Vice-President, there was a proposal to abolish it. As for the vacant Deputy Registrar positions, the process was in progress, and a proposal was to be forwarded to the UPSC. The court directed the UPSC to complete the process and fill the Deputy Registrar posts within four months, after which a status report was to be filed by the respondents.

2. Court's Disposition: The High Court disposed of the writ petition with the observations made regarding the appointments and vacancies at CESTAT. The court's directive to fill the Deputy Registrar positions within a specified timeframe demonstrated its commitment to ensuring the efficient functioning of the tribunal by addressing the staffing shortages. The court's intervention in overseeing the filling of vacancies aimed to streamline the operations of CESTAT and uphold the principles of administrative efficiency and timely justice delivery within the tribunal. The disposal of the petition with the outlined observations signified the court's proactive approach in addressing concerns related to staffing shortages and administrative vacancies within the tribunal, thereby emphasizing the importance of maintaining a functional and adequately staffed judicial body like CESTAT for effective dispute resolution in matters of customs, excise, and service tax appeals.