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2015 (8) TMI 633 - HC - Central ExciseValidity of order of the tribunal - The matter was heard by the Member (Judicial) of the Tribunal, however, the decision has been delivered by the Member (Technical) of the Tribunal, who had never dealt with the case in past. - Clandestine removal - Recovery of note book - invoice with new serial number inserted - Held that:- when the appeal was already heard and reserved for orders and the Member (Judicial) of the Tribunal had directed the registry for re-listing the matter for the certain clarification, the registry ought to have re-listed the matter before the Member (Judicial) of the Tribunal and not before the Member (Technical) of the Tribunal. The Member(Technical) of the Tribunal ought not to have proceeded with the matter in absence of the petitioner and ought not to have decided the same, which is, in our opinion, contrary to the decisions of the Hon'ble Apex Court in case of Automotive Manufacturers Association V. Designated Authority and Ors. reported in [2011 (1) TMI 7 - SUPREME COURT OF INDIA] and in the case of Union of India & Ors. V. Shiv Raj & Ors. reported in [2014 (5) TMI 1036 - Supreme Court Of India]. The Member (Judicial) of the Tribunal was the best person to decide the matter only after getting some clarification, which he intended to get from the either party as he had put remarks on 25.10.2013. - order impugned in the petition is required to be quashed and set aside - matter remanded back. It is hereby made clarified that the matter shall be heard and decided only by one person either by the Member (Judicial) of the Tribunal or by Member (Technical) of the Tribunal in accordance with law.
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