2008 (9) TMI 263 - AT - Central Excise

Locus standi of the Reviewing Chief Commissioners who had authorized filing of appeal against impugned orders on behalf of Revenue - When the reviewing authorities aforesaid were not validly appointed by appropriate notification in the Official Gazette to exercise the powers of review as an appropriate authority, appeals filed by revenue pursuant to review done by them fail and liable to be dismissed in liminie

Summary

Issues Involved:
1. Locus standi of the Reviewing Chief Commissioners.
2. Validity of the Review Orders issued by the Chief Commissioners.
3. Compliance with statutory requirements for appointment and notification of Chief Commissioners.

Detailed Analysis:

1. Locus Standi of the Reviewing Chief Commissioners:
The primary issue in all six appeals was whether the Reviewing Chief Commissioners, who authorized the filing of appeals on behalf of the Revenue, were appointed in accordance with the law and vested with the statutory power to perform the review function. The Tribunal held that a statutory authority must be appointed and invested with defined powers to exercise such powers lawfully.

2. Validity of the Review Orders:
The appeals questioned the validity of the Review Orders passed by a Committee of Chief Commissioners against the orders of adjudication. The Tribunal noted that the Chief Commissioners who reviewed the orders were not appointed by the appropriate Notification in the Official Gazette, as required by law. This lack of proper appointment rendered the review orders null and void. The Tribunal reiterated its previous decisions in similar cases, emphasizing that without proper appointment, the Chief Commissioners lacked the authority to act.

3. Compliance with Statutory Requirements:
The Tribunal examined whether the Chief Commissioners were appointed through the proper statutory process, including publication in the Official Gazette. It was found that no such notifications were issued for the Chief Commissioners involved in these appeals. The Tribunal highlighted the necessity of following the legal procedure for appointing public functionaries, including publication in the Official Gazette, to ensure transparency and legality. The failure to comply with these requirements invalidated the actions taken by the Chief Commissioners.

Conclusion:
The Tribunal concluded that the Reviewing Chief Commissioners were not validly appointed as required by law, and their review orders were therefore ab initio void and non est. Consequently, all six appeals filed by the Revenue were dismissed at the threshold without examining the merits of the cases. The Tribunal emphasized that adherence to statutory appointment procedures is crucial for the validity of actions taken by public authorities.