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2016 (5) TMI 1508 - HC - CustomsPreparing the rosters for re-assigning the bench matters to the Members beyond 29th April 2016 till the joining of new President CESTAT or until further orders for smooth functioning of the tribunal - Sections 129(1) and 129C(6) of the Customs Act 1962 Section 35D of the Excise Act read with Rule 3 and 4 of the CESTAT (Procedure) Rules 1982 - HELD THAT - 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. In the meanwhile even the post of the Vice President has fallen vacant. The impugned order can at best be treated as temporary arrangement for a certain period and cannot continue indefinitely. Consequently 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 issues 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. It is made 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. List on 30th May 2016.
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