Six More CESTAT Benches but better facilities needed
THE Karnataka High Court had in observed, "the parties submit that there are any number of Benches of CESTAT up north, while down south, more appropriately for the 3 states, [Karnataka, Andhra Pradesh, Kerala], there is only one Bench and large number of matters are pending consideration. If that is so, then the Union Government must wake up to the clarion call and constitute any number of Benches as may be required for speedy disposal of the appeals. Though no relief is sought for in the petition for a writ of mandamus to direct the 1st respondent - Union of India to constitute additional Benches of CESTAT for the southern states, it is appropriate to issue necessary directions."
The High Court issued a direction to the Union of India by way of a writ of mandamus to constitute and establish as many number of Benches of CESTAT for the 3 southern states of Karnataka, Andhra Pradesh and Kerala forthwith and file a report with the Registrar General of the High Court by way of compliance, on or before 3/6/2013, failing which the matter would be taken seriously.
Of course nothing happened by 3.6.2013. It seems the Government asked for some more time and the High Court granted six months.
Addressing a meeting in Hyderabad on 8.6.2013, Justice Goda Raghuram, the CESTAT President said that the proposal to start a CESTAT Bench at Hyderabad is seven months pregnant but he was not sure of a safe delivery in nine months. [ - 10.06.2013]
Yesterday the Union Cabinet approved setting up of six additional benches of CESTAT - three at the existing locations of New Delhi, Mumbai and Chennai and three new Benches at Chandigarh, Allahabad and Hyderabad. At present, CESTAT has three benches each in Delhi and Mumbai and one bench each at Kolkata, Chennai, Bangalore and Ahmedabad.
The creation of additional/new Benches of the CESTAT would cost a one time expenditure of Rs. 3.45 crore while the recurring expenditure would be Rs. 10 crore per annum. Was it for this paltry sum of 13.45 Crores that new benches were not set up all these years?
The cabinet approval does not mean that the new Benches will start functioning from tomorrow - the most difficult job is to get Members for the Tribunal. We need 12 new Members (apart from the existing vacancies) - 6 Technical and six Judicial Members for the six Benches. Appointment of Judicial Members is a long drawn out process. As for Technical Members, it is very difficult to find willing and good Commissioner and above level officers from the department to become Technical Members in the Tribunal as there is tremendous drudgery in the job without commensurate perks.
Anyway it is great news that the proposal to set up more CESTAT benches is moving forward. There is urgent need for more benches as nearly a lakh of cases are pending in CESTAT.