TMI Blog2008 (12) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... ms, Excise and Service Tax Appellate Tribunal (CESTAT) was set aside because of the reason that the second Respondent herein had not been considered for selection. The Applicant, who was selected for one of the two posts considered for filling up in the selection process had not been made party in OA No. 658/2008. The Applicant is also aggrieved by the vacancy notice dated 19-7-2008, which has been issued for filling up the same unfilled vacancy, which could not be filled up by the Selection Committee, which met on 5-4-2008 and in which only the Applicant herein had been selected. The following reliefs have been sought : 8.1 Set aside the Judgment dt. 21-7-2008 (Annexure A-1) of the Hon ble Tribunal in O.A. No. 658/2008 to the extent it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 007 inviting applications within 45 days from eligible persons for filling up posts of Judicial Member in the CESTAT. The eligibility condition for the post was that the candidate should have attained the age of 45 years on the prescribed cut off date and should have been an Advocate for at least ten years. The Applicant applied for the above mentioned post and he appeared in the interview for that post on 5-4-2008. In addition to the Applicant, seven other candidates appeared for the interview. The second Respondent herein was not called for interview because of dispute about his age on the prescribed cut off date. When the Applicant filed this OA on 15-9-2008, he was not aware that his selection for the post of Judicial Member in the CEST ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal was not aware, while considering OA 658/2008, that the Applicant herein had been selected for one of the two posts for which selection was to be held. This fact was not brought to the notice of the Tribunal in OA No. 658/2008. The above quoted directions of the Tribunal have been passed because of not having the knowledge that there were two posts under consideration. Owing to the reasons mentioned above, the order dated 21-7-2008 in OA No. 658/2008 is contrary to the principles of natural justice. Had the official Respondents informed the Tribunal at the time of hearing that there were two posts for consideration against which the Applicant herein had already been selected, the entire selection would not have been set aside. He woul ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
