2016 (5) TMI 1475 - HC - Indian Laws

Withdrawal of application seeking Permission to bring the actual and factual position to the knowledge of the Court as an Intervenor - Held that - Permission granted. Appointment of President and Vice-President of Customs Excise and Service Tax Appellate Tribunal - only a Single Bench of CESTAT is working since December 2015 - Held that - The litigants have fundamental right to have their litigations disposed of as expeditiously as possible. The above unhappy trend in Chandigarh Bench is found all over the country. Under such circumstances we do not find any reason for the Government of India to delegate only the financial powers and the roster preparation work alone to Sh. M.V. Ravindran Member (Judicial) CESTAT. Extraordinary situation warrants extraordinary remedy under Articles 226 and 227 of the Constitution of India. Therefore in the larger interest of public and litigants and also for smooth functioning of the Tribunal Sh. M.V. Ravindran Member (Judicial) CESTAT shall exercise all the powers of the President to discharge administrative as well as judicial functions including transfer and posting for smooth functioning of the Tribunal in the entire country until a regular President is posted. Member (Technical) in CESTAT Bench Chandigarh be posted within 15 days time from the receipt of this order. The order be communicated to Sh. M.V. Ravindran Member (Judicial) CESTAT and also to Union Territory Chandigarh forthwith for strict compliance.

Summary

Issues involved:
1. Application for intervention under Order 1 Rule 10 read with Section 151 CPC.
2. Appointment of President and Vice-President of Customs, Excise and Service Tax Appellate Tribunal (CESTAT).
3. Appointment of Member (Technical) in CESTAT Bench, Chandigarh.

Analysis:

Issue 1: Application for intervention under Order 1 Rule 10 read with Section 151 CPC
The application for intervention was filed seeking permission to bring additional information before the court. However, upon reviewing the pleadings, the court found no merit in the application as the necessary information had already been provided by the concerned parties. Consequently, permission was granted to withdraw the application, leading to its dismissal.

Issue 2: Appointment of President and Vice-President of CESTAT
The court noted the absence of a President and Vice-President in CESTAT, resulting in a halt in the Tribunal's judicial functioning nationwide. Despite certain delegations of powers to a Member (Judicial), it was observed that the delegation was limited and did not include crucial functions like transfer and posting of Tribunal members. To address the situation and ensure the smooth functioning of the Tribunal, the court empowered the Member (Judicial) to exercise all powers of the President until a regular appointment is made. Additionally, a directive was issued for the prompt appointment of a Member (Technical) within 15 days to facilitate the Tribunal's operations.

Issue 3: Appointment of Member (Technical) in CESTAT Bench, Chandigarh
The court highlighted the operational challenges faced by the CESTAT Bench in Chandigarh, where a Single Bench was handling a significant backlog of appeals that required a Division Bench for disposal. Recognizing the litigants' right to timely resolution of their cases, the court emphasized the need for immediate action. Consequently, it mandated the appointment of a Member (Technical) within a specified timeframe to address the pending appeals effectively. Furthermore, the court directed the Union Territory, Chandigarh, to provide suitable accommodation to the Judicial Member of the CESTAT Bench within 15 days to ensure the smooth functioning of the Tribunal.

In conclusion, the judgment addressed the pressing issues of intervention application, appointment of key officials in CESTAT, and the operational challenges faced by the Tribunal, emphasizing the importance of timely and effective resolution of pending matters for the benefit of litigants and the public interest.