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2018 (7) TMI 712 - HC - CustomsPrinciples of quorum non juris - Jurisdiction - power of Single Bench to decide the issues related to CHA - Held that:- Section 129 of the Act of 1962 empowers the Central Government to constitute an Appellate Tribunal to be called CESTAT consisting of such judicial members and technical members, as it thinks fit, to exercise powers and discharge the functions, conferred upon CESTAT, by the Act of 1962. Section 129C of the Act of 1962 deals with the procedure of the Appellate Tribunal. It stipulates that, the powers and functions of the Appellate Tribunal may be exercised and discharged by Benches constituted by the President amongst the members thereof. Subsection (2) requires, a Bench to be consisted of one judicial member and one technical member. Nothing is placed on record to suggest that, the single member passing the impugned was duly authorized by the President of CESTAT to hear and adjudicate the matter, sitting singly. In absence such authorization under Section 129C(4) of the Act of 1962, I am afraid that, the singe member had jurisdiction to decide the case and pronounce the impugned order. Existence of statutory alternative remedy against the impugned order under Section 130 of the Act of 1962 is not an absolute bar to the maintainability of the writ petition particularly when the petitioner has been able to substantiate that the impugned order was passed without jurisdiction and is a nullity. The impugned order is a nullity and is therefore quashed.
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