Confidential reports for Tribunal Members need express statutory authority; administrative practice alone cannot validate adverse remarks.

The service rules governing Tribunal Members did not confer any express power on the President to supervise other Members or write their annual confidential reports. Rule 6 dealt with recruitment, Rule 10 with the office of President, and Rule 18 applied only in the absence of specific provision by reference to comparable Government service conditions. In the absence of any statutory source, administrative practice could not create such authority. Accordingly, adverse confidential remarks recorded without lawful competence could not be sustained, and their expunction was upheld.

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Issues: Whether the President of the Appellate Tribunal had authority under the service rules to supervise the work of other Members and write their annual confidential reports.

Analysis: The service conditions of the Tribunal Members were governed by the Customs, Excise and Gold (Control) Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1987. Rule 6 dealt with recruitment, Rule 10 dealt with the office of President, and Rule 18 applied only where no specific provision existed, by reference to conditions applicable to Government employees of corresponding status. The Rules contained no express provision authorising the President to act as a supervisory officer over other Members or to record their confidential reports. The record also showed no other valid legal source supporting such power, and a mere administrative practice could not replace statutory authority.

Conclusion: The President had no legal competence to write the annual confidential reports of the Members of the Appellate Tribunal, and the adverse remarks made without such authority could not be sustained.

Final Conclusion: The challenge to the Tribunal's order failed, and the expunging of the adverse remarks was upheld.

Ratio Decidendi: A practice of recording adverse confidential remarks against Tribunal Members cannot be sustained unless it is supported by an express statutory rule or other lawful authority.

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