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2012 Supreme(SC) 235

A.K.PATNAIK, SWATANTER KUMAR
N. K. Bajpai – Appellant
Versus
Union of India – Respondent


JUDGMENT

Swatanter Kumar, J.

1. Leave granted.

2. This judgment shall dispose of all the above three appeals, as common questions of law arise therefrom, on somewhat similar -facts for consideration of this Court. In these appeals, the following questions have been raised :

“(i) Whether Section 129(6) of the Customs Act, 1962, which stipulates that on demitting office as Member of the Customs Excise and Service Tax Appellate Tribunal (hereinafter referred to as the “CESTAT”) a person shall not be entitled to appear before the CESTAT, is ultra vires the Constitution of India?

(ii) Whether the said provision applies to the petitioner, as it was introduced after the petitioner had not only joined as Member of the CESTAT but also demitted office as such Member?”

3. We may notice the basic factual premise from which the above legal questions have arisen for consideration of this Court. Primarily, we would be referring to the facts of SLP (C) No.8482 of 2010 titled P.C. Jain v. Union of India & Ors.

4. The appellant joined the Indian Customs and Central Excise Service, Class - I (later called Group ‘A’), in the year 1956, where he served for a number of years, in different capacities. On 1














































































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