Government's Order authorising CESTAT Member (J) to prepare Roster upheld by High Court
Government to file affidavit on steps taken to fill up posts of President and Vice President
AFTER Justice Raghuram retired as President of CESTAT, there was a sort of a crisis with nobody to prepare rosters from 2nd May 2016. In DDT 2836 02 05 2016, I wrote, "The Government came to the rescue of CESTAT and issued an order dated 29.04.2016, with the approval of the Finance Minister authorizing Mr. Ravindran to prepare roster beyond 29.04.2016, till the joining of the new President."
In an article in our columns, Constitution of Cestat benches by its member (Judicial) - Is it Legal?, Mr. PR Chandrasekharan, former CESTAT Member wrote, "the conferring of powers on the Member (Judicial) for constitution of CESTAT Benches is ex-facie illegal. The hearing of appeals by such irregularly constituted benches can be challenged in a court of law by any aggrieved party and decisions by such benches could be set aside for want of jurisdiction."
Half of what he feared happened. The order of the Government authorizing Judicial Member Mr. Ravindran to issue the roster was challenged in the Delhi High Court.The Petitioner's grievance is that it is being compelled to appear before a forum which has no power or jurisdiction to hear cases.
But the High Court understood the difficulty and observed, "While the Court appreciates the necessity for taking the above step, at the same time, the Court is concerned that since more than two months now no President of the CESTAT has been appointed. The impugned order can at best be treated as temporary arrangement for a certain period and cannot continue indefinitely."
Even the Government considers it only a temporary arrangement. It is understood that the selection of the new President is in advanced stage and in all likelihood, there would be a President before this month end.
The High Court also found that under Section 161 of the Customs Act, there is a general power to the Central Government to act if any difficulty arises in giving effect to the provisions of the Act. The Government may, by general or special order, issue directions not inconsistent with the provisions of the Act when it appears to be necessary or expedient for the purpose of removing the difficulty.
With a view to ensure that there is no unnecessary delay in the filling up of the posts of the President and Vice President of the CESTAT, which as is known, has a large pendency of matters, the Court issued notice in this Petition limited to the above aspect. The Central Government will keep the Court apprised, by way of affidavit, by the next date of hearing as to the steps taken to fill up the posts of President and Vice President of the CESTAT. The High Court made it clear that no interim direction is being issued and the matters will proceed as per the roster prepared by the Member (Judicial) of the CESTAT in the meanwhile.
So, the CESTAT is functional.
Please see for the High Court order.
Please also see CESTAT Needs a Regular President - Immediately; CESTAT Saved Just In Time.