Shivani Thakur
Published on: April 7, 2022 at 17:12 IST
The Delhi High Court directed the Central Government to file a Report in two weeks on a Public Interest Litigation (PIL) Petition seeking directions for Appointment of Members to the Settlement Commission under Central Excise Act.
A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla noted that the situation that there were no members in any of the Four Benches for more than a year.
The Public Interest Litigation (PIL) filed by a Lawyer named Yashpal Singh through Advocates Saurabh Kansal, Pallavi Sharma Kansal and Ashu Chaudhary, stated that the Petitioner had filed Applications under Right to Information (RTI) Act and the replies revealed that in none of the Four Benches of the commission – Delhi, Mumbai, Kolkata and Chennai, was the majority complete with the Exception of a Chairman who sits at Delhi.
Advocate Saurabh Kansal told the Court that due of the Lack of Majority, the Commission has not been able to consider the Applications presented before it and the Applicants are facing irreparable loss as if these Applications are not disposed of within nine months, they reduce.
“The Respondents are entrusted with the duty to appoint the appropriate persons on the Tribunals/Commissions to ensure that Legal Recourse is available to the citizens and they do not suffer without any fault on their part. Thus, since the positions are lying vacant before Settlement Commission for a long time and there is a possible scenario of Applications abating for no fault of Applicants, the present Petition is filed in general interest seeking issuance of appropriate writ to Respondent to expeditiously fill the vacancies in the Settlement Commission and ensure that no Applicant suffers for want of Member in the Commission,” the Plea stated…
The Court adjourned the hearing till May 2.
Also Read: Madras HC rules on settlement of Income tax disputes