CESTAT Member PK Das Discharged
IT's bad times for the CESTAT. The latest to go from the Bench is Mr. PK Das, Member (J). We had flashed this news on Friday but had not commented about it as we got a copy of the order only yesterday. The cryptic order states,
In pursuance of rule 8(3) of the Customs, Excise and Service Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1987, the President hereby discharges forthwith Shri P K Das, Member (Judicial) in Customs, Excise & Service Tax Appellate Tribunal from service.
This is of course not the first time that a CESTAT Member had been discharged. Way back in 2001, Dr. SN Busi, then a Member of the Tribunal's Kolkata Bench had been similarly discharged. Dr. Busi had joined the Tribunal in strange circumstances without even getting properly relieved from his job as Commissioner of Central Excise. And within a year he found himself out of the job in the Tribunal and facing inquiry by the CBI.
In recent times, we had seen two Honourable Members of the Tribunal resigning (voluntary retirement, of course)
The CESTAT is a small Tribunal with hardly twenty Members but in the last twenty seven years, it has established a towering reputation as a temple of justice by the sheer hard work and dedication of the few Great members who occupied the exalted seats in the Bench in the last quarter of a Century.
As Lord Roskil said in a different context, “When these ghosts of the past stand in the path of justice clanking their medieval chains, the proper course for the judge is to pass through them undeterred”.
But we are passing through bad times. It seems Mr PK Das had resigned, but before his resignation could be considered, he was unceremoniously sacked, sending shock waves down the line. It seems after he was discharged, his room was sealed!
What is happening to this great institution?
There was another little drama before Mr. Das was discharged. By a Notification dated November 19, 2009, the Central Government extended the period of probation of Mr.PK Das and Debendranath Panda, Members (Judicial) in Customs, Excise and Service Tax Appellate Tribunal up to 21.11.2008 and further up to 21.11.2009. Then by a Notification dated November 20, 2009, Mr Das was discharged.