Tremor in CESTAT – Almost all Judicial Members Transferred
In a surprise order released late on Thursday, six of the eight Judicial Members have been transferred sending mild tremors across the country. While this cannot be measured in the Richter Scale, this was a hot topic for discussion among the legal circles, especially those connected with the CESTAT. It is learnt that most of the transferred Members are not happy with their transfers and there may be even a couple of resignations.
It is understood that the President has resigned and may leave in a couple of days. Several agitated Netizens called us to register their protest and many wondered why the transfers had to take place a few days before the President's leaving the Tribunal. Our phones never stopped ringing and like an agony aunt we listened to all the woes. They felt that the transfers should have been taken up by the new President.
As per the Transfer Policy for CESTAT Members - F No -Ad IC – dated 27th July, 2006
v) Although it is not necessary that the President should consult the Vice-Presidents, President in all fairness should consult the Vice-Presidents keeping in view the fact that Members are functioning at different places and, thus, it may sometimes become impossible for the President to know about the intellect or otherwise of the Member for the purpose of his posting, including his efficiency, disposal and other relevant factors, which may be considered by the President in ultimately passing such orders of transfer and posting.
Incidentally in this transfer, both the Vice-Presidents have been transferred. Now one of them will be the Acting President if the news about the President leaving, is correct.
CESTAT is like the little master, Sachin Tendulkar – diminutive in size but gigantic in performance – it has only six benches and less than 20 Members but the reputation it has earned is enormous, a little aberration here and there notwithstanding. Members are liable to be transferred, no doubt but should it cause so much displeasure?
High Court Judges are also transferred but what are the facilities given to CESTAT Members compared to High Court Judges? Most of the CESTAT Members are not even provided with vehicles and they are called upon to decide issues involving Crores of Rupees.