PRESIDENT, VICE-PRESIDENT OR ANY OTHER MEMBER OF CESTAT, ON CEASING TO HOLD OFFICE FOR ANY REASON, NOT ENTITLED TO APPEAR, ACT OR PLEAD BEFORE CESTAT – FILLING UP OF THE POST OF MEMBER (JUDICIAL) IN CESTAT
LETTER M.F. (D.R.)
INSTRUCTION NO. A.12026/1/2011-AD.IC(CESTAT),
I am directed to refer to your letter dated 25-10-2012 on the above subject and to inform you that as per section 129(6) of the Customs Act, 1962, on ceasing to hold office, the President, Vice-President or other Member shall not be entitled to appear, act or plead before the Appellate Tribunal. The word ‘on ceasing to hold office’ is applicable to all types of cessation — whether it is retirement or resignation or discharge during probation or by any other way. Therefore, in case a member is discharged from the service or he decides to demit his office for any reason, he is not entitled to appear, act or plead before the CESTAT.
2. In view of the above, you are requested to convey your unconditional acceptance or otherwise of offer of appointment to the post of Member (Judicial) within a period of 10 working days from the date of receipt of this communication, failing which the offer of appointment would be treated as withdrawn and cancelled.
3. You may please provide us the details of any Central/State Government Hospital in Indore or nearby for conducting the medical examination, in case of your acceptance of the offer.