2016 (5) TMI 1475

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....n Mittal, Asst. Solicitor General of India with Vivek Singla, Advocate, for the Respondent. ORDER CM-5423-CWP-2016 : This application has been filed by Mr. Sachin Jain, Advocate in-person under Order 1 Rule 10 read with Section 151 CPC seeking permission to bring the actual and factual position to the knowledge of the Court as an Intervenor. 2. We thoroughly adverted to the entire pleading....

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....p;CM-4003-CWP-2016 is filed seeking direction to the respondents to appoint Member (Technical) in CESTAT Bench, Chandigarh. 6. We heard the elaborate submissions made by the counsel appearing for the petitioner as well as Mr. Chetan Mittal, Sr. Advocate, Asst. Solicitor General of India, appearing for the respondents-Union of India. 7. It is an admitted position that presently there is....

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....ntil further orders, whichever is earlier. But, it is found that the above delegation of powers is subject to the condition that no powers of transfer and posting of the Members of the Tribunal will be exercised by him as Head of the Department. 9. It was further brought to our notice the order passed by the Government of India, Ministry of Finance, Department of Revenue dated 29-4-2016 auth....

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....in Chandigarh Bench is found all over the country. Under such circumstances, we do not find any reason for the Government of India to delegate only the financial powers and the roster preparation work alone to Sh. M.V. Ravindran, Member (Judicial), CESTAT. 11. Extraordinary situation warrants extraordinary remedy under Articles 226 and 227 of the Constitution of India. Therefore, in the larg....