SUNDER GROVER Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition challenges the impugned order passed by the President of India on July 16, 1983 by which he gave one months' notice to the petitioner and further ordered that on the expiry of the period of one month from the date on which this notice is served on him he shall stand reverted to the post of Judicial Member, Income Tax Appellate Tribunal. As reference to this order has to find place anumber of time in the judgment it will be apt to reproduce the impugned order which is as follows : 'In accordance with the provisions .of paragraph 1(6) of this Ministry's memorandum F. No.A-1202619j 82-Ad.lKTrib) dated the 14th September, 1982, concerning the terms and conditions of appointment of Sbri S. Grover as Vice-President in the Customs Excise and Gold (Control) Appellate Tribunal the President is pleased hereby to give one month's notice to Shri Grover and to order that on the expiry of the period of one month from the date on which this notice is served oil him, he shall stand reverted io the post of Judicial Member, Income Tax Appellate Tribunal.'

(2.) The petitioner is a B.A.,LL.B. and was practising Advocate. The petitioner joined as a Judicial Member of the Income Tax Appellate Tribunal on 3fd August, 1973. By Section 50 of the Finance Act 2 of 1980 read with fifth Schedule, an Appellate Trbunal was constituted called the Customs, Excise and Gold'(Control) Appellate Tribunal to be called the Customs Tribun'al consisting of as many Judicial and technical members as the Central Government may think fit to appoint. Section 129(4) of the Finance Act further emmpowered the Central Government to appoint one or more members of the Customs Tribunal to be Vice President or as the case may be Vice Presidents thereof.

(3.) In order to make selection of the personnel of the Customs Tribunal, the Government of India on 21st November, 1981 constituted a Selection Committee which was chaired by one of the sitting judges of the Supreme Court. In due course the petitioner was called for interview and on 14th September, 1982 the President offered to the petitioner an. appointment as a Member and Vice President of the Customs Tribunal on the terms and conditions mentioned in the said order. Clause 3 and clause 6 of the said order read as under :