HARISH CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) Short but interesting question of law is to be determined in this petition. Facts are brief and largely uncoritroverted. They are;-

(2.) Petitioner was an advocate enrolled with Bar Council of Punjab & Haryana. While practising as an advocate he applied for the post of Judicial Member in Customs, Ex- cise & Gold (Control) Appellate Tribunal (hereinafter referred to as the CEGAT) in response to advertisement dated 23rd August 1981 issued by Government of India. Ministry of Finance, Department of Revenue for filling up six posts of Judicial Mem- bers. Petitioner was considered for the said post and selected. He was given offer ot appointment which he accepted on 17th September, f982. On 25th September. 1982 he was formally appointed by the President of India as Judicial Member of CEGAT and was posted at Bombay Bench of the said Tribunal. Ga/.ette notification dated I I lh October, 1982 to this effect was issued by the respondents and petitioner joined the post on 29th October, 1982.

(3.) In exercise of powers conferred by the proviso to Article 309 of the Constitution of India notification dated 26th February, 1987 was issued promulgating Customs, Excise and Gold (Contro.l) Appellale Tribunal Members (Recruitment and Conditions of Service) Rules, 1987 (hereinafter referred to as CEGAT Rules, for short). As per these rules period of probation as Judicial Member was one year. On 3rd November, 1988 order was issued by the respondents slating that petitioner had completed Ins period of probation w.c.f. 28th October, 1983 which was followed by notification dated 7th November, 1988 appointing petitioner subsiantively to the post of Judicial Mem- ber of CEGAT w.e.f. 29th October, 1983. While the petitioner was workinu as Mem- ber. CEGAT, by order dated 15th January, 1991 he was appointed as Vice-President of CEGAT at Delhi w.e.f. daler he took over the charge of llie Office of Vice-Presi- dent, CEGAT. This was followed by order dated 15th May, 1991 whereby pelit'onei- was declared as Head of Department under SR-2(10) as well us under Rule 13(2) of the Delegation of Financial Powers Rules, 1978 subject to the conditions mentioned therein. This order was put in operation for the period from 13th May, 1991 to 24th May, 1991 during which Shri G. Shankaran, President, CEGAT was on leave w.e.f. 4lh June. f991 and till the new President took over, inasmuch as w.e.f. 4th June, 1991 Shri (i. Shankaran was taking voluntary retirement as President. C'EGAT. Alter the volun- tary retirement of Shri G. Shankaran, the post of President, CEGAT fell vacant and the same was filled up by appointing petitioner to this post vide order dated 13th April, 1992.