'Situation Rather Alarming': Delhi High Court Seeks Appointments In Customs & Central Excise Settlement Commissions

The Delhi High Court has sought response from the Central Government over non-functioning of Customs & Central Excise Settlement Commissions, due to incomplete coram.

Stating that the situation is "rather alarming", the Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla granted two weeks' time for filing a status report.

The petitioner, Yashpal Singh, had approached the Court seeking a direction upon the Respondents to make appointment in various benches of settlement commissions in terms of Section 32 of the Central Excise Act, 1944.

The Petitioner placed on record the response received from Respondent on his application seeking information under the Right to Information Act, as per which: 

-There are four benches of the Commission in Delhi, Kolkata, Chennai and Mumbai and whereas the minimum coram is 2, the same has been incomplete in all the benches since almost a year.

-The coram at principal bench at New Delhi is incomplete since April 1, 2021; Calcutta since 8 December, 2019; Chennai since 23 March 2021; and Mumbai since 1 April, 2021.

-There were 193 applications pending adjudication as on 25 March, 2022.

The Petitioner submitted that lack of corma is preventing the Settlement Commission from considering the applications moved before it and irreparable injury is being suffered by applicants since under Section 32F(6) of the Act, if applications are not disposed of within 9 months of the same being made, they abate.

The provision states:

In respect of an application made on or after the 1st day of June, 2007, after nine months from the last day of the month in which the application was made, failing which the settlement proceedings shall abate, and the adjudicating authority before whom the proceeding at the time of making the application was pending, shall dispose of the case in accordance with the provisions of this Act as if no application under section 32E had been made: Provided that the period specified under this sub-section may, for reasons to be recorded in writing, be extended by the Settlement Commission for a further period not exceeding three months.

Hearing this, the Bench suggested that till the appointments are made, Respondents may consider feasibility of constituting benches with participation of existing Chairmen and members in different parts of the country who could take up pending applications by rotation.

However, the Petitioner informed the Court that there is only one Chairman in Delhi and no members in any benches. Thus, the coram would still be incomplete.

Accordingly, the Court observed, "In our view, the situation is rather alarming and the Respondent should at the earliest take steps to make appointments to the four benches of the Settlement Commission. Let status report be filed in 2 weeks."

Standing Counsel for the Centre submitted that the matter is not adversarial and the authorities will take apposite steps at the earliest.

Matter will now be taken up on May 2.

Case Title: Yashpal Singh v. Union of India