Home Case Index All Cases Indian Laws Indian Laws + Tri Indian Laws - 2013 (8) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (8) TMI 253 - Tri - Indian LawsApplicability of Section 129(6) of the Customs Act on a person appointed as member(judicial) of CESTAT – Held that:- The phrase “on ceasing to hold the office……………………..”member” shall include only those members who acquired right to hold office after their confirmation and not a member who is discharged during probation – Also, in terms of Rule 3(2) of Customs, Excise and Service Tax Appellate Tribunal Members (Recruitment and Condition of Service) Rules, 1987, a Commissioner of Customs who has held such office at least for three years is qualified for appointment as Member (Tech). On not found fit for being confirmed on said post, he is liable to be reverted back to his original post, i.e. Commissioner (Customs). It is quite possible that on reversion, such Commissioner may represent Revenue before CESTAT as legal representative. Thus, a person offered appointment as Judicial (Member) not be prohibited from returning to his position enjoyed by him before such appointment in the event of being not considered suitable to be confirmed as Member (Judicial). Respondent reiterated the stand taken by them in the impugned communications dated 12-9-2012 and 6-12-2012, which was not be sustainable – Respondent vehemently relied upon the word ‘ceasing to hold office’ - The said phrase cannot be applied to probationer not found suitable to be confirmed and discharged from service - Reference has been made to CESTAT Member (Recruitment and Condition of Service) Rules, 1987, but in the said rule, there is no any stipulation that if a probationer member of CESTAT is not found suitable to be confirmed and discharged, he cannot appear before it – Decided in favor of Appellant.
|