A Public Interest Litigation has been moved in the Delhi High Court seeking direction to the Centre Government to make appropriate appointments in various benches of the Settlement Commission as required under the Central Excise Act.
The Petitioner Yashpal Singh, practising advocate states that he has recently come to know that there is no quorum or in fact no member on any of the benches of the settlement commission for the last few months. There is only a Chairman in Delhi for a long period, giving rise to a situation wherein applications of the applicants may abate for no fault on part of such applicants.
Advocates Pallavi Sharma and Advocates Ashu Chaudhary for petitioners also state that this is leading to an increase in the pendency of applications and also the risk of Applications abating for no fault of applicants.
It stated that the respondents, being the Government of India 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.
"Once the legislature provides for the establishment of a Tribunal/Commission, it is the duty of Respondents to ensure that it works smoothly and non-appointment of members for a long period shows callous attitude of the respondents in appointments," the plea read.
The matter is scheduled to come for hearing on Thursday by the Division Bench of Justice Vipin Sanghi and Justice Navin Chawla.
( With inputs from ANI )
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