Elusive CESTAT Bench at Allahabad - Persistent HC
IN October 2013, the Government of India announced the sanction for 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.
18.10.2013 commented, "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."
It is nearly two years since the Government notification and the new benches are yet to start functioning.
On 8-4-2015, the Allahabad High Court directed the officials concerned of the Ministry of Finance to file affidavits explaining as to why the Union of India is failing to enforce Notification pertaining to the establishment of CESTAT Benches at Allahabad, Hyderabad and Chandigarh. The Affidavits were required to be filed by 27-4-2015 but no affidavits were filed. However, on 27-4-2015 the High Court gave final opportunity to the officials to file the affidavit positively by 12-5-2015 or otherwise to remain present in the court. On 12.5.2015, the High Court directed that the CESTAT should start functioning at Allahabad at least for the new cases filed from 1.7.2015. The High Court issued notice to the Central and State Governments and the Registrar of CESTAT to file affidavits explain why the CESTAT is not functioning from Allahabad. The case was posted for 31 st July 2015.
On 31st July, the High Court ordered:
The matter be listed again before the appropriate Bench on 7th August, 2015 along with connected matter. In the mean time the Registrar may ensure that:
(a) The circuit bench remains at Allahabad at least seven days in a month;
(b) The Registrar may search for a suitable space in an existing Central Government building in the city of Allahabad for establishing the permanent Bench of the Tribunal;
(c) If required, the Central Government may requisition the properties which are let out or are in possession of private persons at different places in the city of Allahabad for establishing the Tribunal.
On 7.8.2015, last Friday, when the case came up before the Bench, the Court ordered:
Various affidavits by various authorities have been filed pursuant to the order of the Court dated 12.5.2015 passed in Writ Tax No.354 of 2015 and order dated 8.7.2015 passed in Central Excise Appeal No.135 of 2015. Various stands have been taken indicating difficulties in establishing a permanent Bench of the Central Excise Tribunal at Allahabad pursuant to the notification dated 1.11.2013. We find from the short counter affidavit filed by the Registrar Custom Excise and Central Excise Customs Appellate Tribunal, New Delhi on behalf of the respondent nos. 1 and 2 dated 11.5.2015 that the Tribunal had issued a letter dated 14.11.2013 to the Chief Secretary, Uttar Pradesh requesting his assistance to make available a suitable accommodation of 15,000 Sq. ft. at Allahabad, pursuant to which the Joint Secretary issued a letter dated 17.12.2013 to the District Magistrate, Allahabad to do the needful. It is not known as to what has transpired thereafter.
We, accordingly, request the District Magistrate, Allahabad to be present in Court on 11.8.2015 and intimate as to what action he has taken on the basis of the letters dated 14.11.2013 and 17.12.2013.
And the Bench remains elusive.
If accommodation is the problem in Allahabad, what is the problem in Hyderabad, where accommodation has been hired more than six months ago and it seems rent is being paid? They don't seem to have enough Members to be posted in the new benches.