TMI Blog2016 (5) TMI 1475X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 communic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellate Tribunal (for short CESTAT ). 5. CM-4003-CWP-2016 is filed seeking direction to the respondents to appoint Member (Technical) in CESTAT Bench, Chandigarh. 6. We heard the elaborate submissions made by the counsel appearing for the petitioner as well as Mr. Chetan Mittal, Sr. Advocate, Asst. Solicitor General of India, appearing for the respondents-Union of India. 7. It is an admitted position that presently there is no President of CESTAT. There is also no Vice-President of the Tribunal to exercise such of the powers and perform such of the functions of the President as may be delegated to him by the President by a general or special order in writing. On account of non-appointment of the President and Vice-President of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the alarming pendency will become unmanageable. 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. 11. 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 Presiden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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