Discharged CESTAT Member PK DAS Reinstated by SC
MEMBER (Judicial) of the CESTAT, PK Das was discharged by an order dated 20.11.2009.
He was a practicing advocate in the Calcutta High Court as well as before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) for about 20 years mainly dealing with the customs, excise and service tax matters. On 22.04.2006, he appeared for an interview before the Selection Committee for the post of Member (Judicial) in CESTAT. He was selected. On 22.11.2006, he assumed charge as Member (Judicial) in CESTAT. On 21.11.2007, he completed the mandatory period of probation of one year under Rule 8(1) of the CESTAT Members (Recruitment and Conditions of Service) Rules 1987. No order extending the period of probation was issued. He served under three Presidents, namely, Justice Abichandani, Justice S.N. Jha and Justice Khandeparkar.
According to him, he never received any adverse comment from any of them during his tenure of service as a Member (Judicial). He was expecting that his probation period would come to an end and he would be confirmed in the post of Member (Judicial). But, he received an order dated 19.11.2009 extending his probation period first upto 21.11.2008 and then further upto 21.11.2009. Because of this, he came under great stress and tension, as a result of which, he tendered his resignation from the post of Member (Judicial) on 20.11.2009. On that very day, the order dated 20.11.2009 was issued, whereby the Hon'ble Member was discharged from service.
Before that, it seems there was an incident in his court and there was a complaint about alleged misbehaviour of the Departmental Representatives with the members of the Bar. The President in a note observed, "whenever any act of misbehaviour on the part of the parties or their representatives takes place in the Court, it is essentially for the Presiding officer to administer proper control and to try to defuse the tension, if any, caused on that count and not to retire immediately to the chamber. Abstaining from and abandoning the Court in such a situation and leaving it open and free for all could result in encouraging indiscipline in the Court".
The Discharged Member approached the CAT against his discharge, but the CAT dismissed his application. Against the CAT Order, he filed a writ in the Delhi High Court.
The High Court set aside the order of discharge/termination on 27.07.2012.
The Union of India was aggrieved by the order of the High Court and approached the Supreme Court. The Apex Court on Friday dismissed the Department's appeal. The Member, PK Das also approached the Supreme Court seeking a direction to be reinstated with back wages. The Supreme Court allowed his appeal.
Now the Government has no choice but to reinstate PK Das and pay him the back wages for the past three years.
The CESTAT is a small Tribunal with hardly twenty Members but in the last thirty 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 three decades.
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!
The three-year ordeal is over for the Hon'ble CESTAT Member who was sent out unceremoniously. He comes back to the CESTAT with the full backing of a Supreme Court order!
And this order was given by a three judge Bench of the Supreme Court headed by the Chief justice.
Let us hope the Government shows respect for the Supreme Court judgement and that the order is carried out in letter and spirit without further dilly-dallying.