2016 (5) TMI 1508 - HC - Customs

Preparing the rosters for re-assigning the bench matters to the Members beyond 29th April, 2016 till the joining of new President CESTAT or until further orders, for smooth functioning of the tribunal - Sections 129(1) and 129C(6) of the Customs Act, 1962, Section 35D of the Excise Act read with Rule 3 and 4 of the CESTAT (Procedure) Rules, 1982 - HELD THAT - While the Court appreciates the necessity for taking the above step, at the same time, the Court is concerned that since more than two months now no President of the CESTAT has been appointed. In the meanwhile, even the post of the Vice President has fallen vacant. The impugned order can at best be treated as temporary arrangement for a certain period and cannot continue indefinitely. Consequently, with a view to ensure that there is no unnecessary delay in the filling up of the posts of the President and Vice President of the CESTAT, which as is known, has a large pendency of matters, the Court issues notice in this Petition limited to the above aspect. The Central Government will keep the Court apprised, by way of affidavit, by the next date of hearing as to the steps taken to fill up the posts of President and Vice President of the CESTAT. It is made clear that no interim direction is being issued and the matters will proceed as per the roster prepared by the Member (Judicial) of the CESTAT in the meanwhile. List on 30th May, 2016.

Summary

Issues:
Challenge to order authorizing re-assignment of bench matters by Member (Judicial) of CESTAT due to absence of President and Vice President.

Analysis:
The petition challenges an order allowing the Member (Judicial) of CESTAT to prepare rosters for re-assigning bench matters beyond a specified date due to the absence of the President and Vice President. The petitioner argues that only the President or Vice President has the authority to prepare such rosters as per relevant provisions of the Customs Act, Excise Act, and CESTAT (Procedure) Rules. The petitioner contends that appearing before a forum lacking jurisdiction is unjust. The court notes the general power of the Central Government under Section 161 of the Act to address difficulties in implementing provisions. It acknowledges the necessity for the government's intervention in the absence of appointed officials to prevent work stoppage.

The previous President of CESTAT retired, and the Vice President prepared rosters until a certain date, after which no Vice President was in place. The Central Government authorized the Member (Judicial) to prepare rosters to ensure the tribunal's smooth functioning amidst the vacancies. The court recognizes the temporary nature of this arrangement but expresses concern over the prolonged absence of appointed officials. It emphasizes the need to avoid unnecessary delays in filling the vacant positions of President and Vice President, considering the substantial backlog of cases pending before CESTAT.

In light of the circumstances, the court issues notice limited to the appointment of President and Vice President, directing the Central Government to provide updates on the steps taken to fill these positions by the next hearing. No interim directions are given, and proceedings will continue as per the rosters prepared by the Member (Judicial) in the interim. The matter is scheduled for further hearing on a specified date, with the order to be served under the Court Master's signature. The court aims to ensure the efficient functioning of CESTAT while addressing the critical issue of leadership vacancies within the tribunal.