CHHAGANLAL ARUN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged an order dated 4-12-2014, under which, the Tribunal directed the petitioner to deposit 1% of the penalty under challenge by way of pre-deposit. Learned counsel for the petitioner pointed out that in another proceedings arising out of the same chain of transactions, the present petitioner who was an employee of the CHA had challenged the penalty of Rs. 2 crores imposed on him. In such proceedings, the Tribunal had required the petitioner to deposit Rs. 1 lac by way of pre-deposit looking to his status as an employee. In the present case, when the same person has been visited with the penalty of Rs. 10 crores, the Tribunal insisted that he imposed deposit of 1% thereof.

(2.) In facts and circumstances of the case, maintaining the same standard as the Tribunal had adopted in the earlier case of this very petitioner and looking to his position as an employee, we modify the pre-deposit requirement to Rs. 5 lacs which shall be done latest by 30-6-2016 upon which the remaining demand shall remain stayed. The Tribunal shall hear his appeal on merits. Order of the Tribunal dated 4-12-2014 is set aside. Petition is disposed of. Petition disposed of.