How can a CESTAT Member be removed?
Let us look at the Law. See Rules 8 and 9 of the CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL MEMBERS (RECRUITMENT AND CONDITIONS OF SERVICE) RULES, 1987.
RULE 8. Probation. - (1) Every person appointed as a member shall be on probation for a period of one year.
(2) The Central Government may extend the period of probation for a further period of one year at a time so that the period of probation in aggregate may not exceed three years.
(3) A member may be discharged from service at any time during the period of probation without assigning him any reason.
RULE 9. Reversion or termination of the service of members. -
(1) In case of a person appointed as a technical or a judicial member from any post under the Union or a State, unless such a person is confirmed, the Central Government may at any time revert him to his parent post without assigning any reason, after giving him one month's notice of such reversion and in case a technical or a judicial member wishes to revert to his parent post, he shall be required to give one month's notice to the Central Government:
Provided that in case such technical or judicial member has already superannuated according to the relevant rules of his parent post, the appointment may be terminated by the Central Government at any time without assigning any reason after giving him one month's notice of such termination and in case such technical or judicial member wishes to resign, he shall be required to give one month's notice to the Central Government.
(2) In case of a person appointed as a judicial member directly from the Bar, unless he is confirmed, the appointment may be terminated by the Central Government at any time without assigning any reason after giving him one month's notice of such termination and in case such judicial member wishes to resign, he shall be required to give one month's notice to the Central Government.
Now there are three categories of Members:-
1. Members who are on probation – Probation can be extended up to three years and during probation they can be discharged from service at any time without assigning any reason.
2. Members who have completed probation, but are not confirmed: They can be sent home without assigning reasons after giving one month's notice.
3. Members who are confirmed: Difficult to be removed as it involves a lot of procedural rigmarole.
Well, that is how the premier Tribunal functions.
You may see:
1. NOTIFICATION. No. 4/2009. - (No. F. No. -Ad.IC) Dated : November 19, 2009
2. NOTIFICATION No. 5/2009 - (No. F. No. 26/8/2005-Ad.IC) Dated : November 20, 2009
3. ORDER NO 5 OF 2009 - F. No. -Ad.IC Dated : November 20, 2009