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The Supreme Court via its bench headed by Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DAY Chandrachud, took a stance in clarifying the age of retirement for the members of customs Excise and Service Tax Appellate Tribunal and held that they could continue to remain in office until 62 years of age. The order was passed while the bench disposed an Intervention and Clarification Application filed by Additional District and Sessions Judge of West Bengal, Rajesh Kumar Singh who had been quite recently appointed as judicial member in CESTAT, New Delhi.
He had actually demanded a clarification from the court, citing the Judgment in the case of Kudrat Sandhu vs Union of India where the court laid down that the tenure of Chairpersons of all tribunals would be for a period of five years or the maximum age under the old Act. He contended that authorities now have interpreter that the retirement would be confined to five years from appointments or the date of retirement, whichever is earlier. He further said that the age of superannuation as per the old Act was 62 . The Court has not made any clarification regarding this which leads to further confusion.
The Supreme Court thus held that a Judicial Member in the CESTAT will expire after five years if it’s before 62 years. The members will nevertheless work until 62 years of age while a person holding the post of a President shall continue until 65 years of age. The members of the Armed Forces Tribunal shall be holding office until 65 years of age and former judges of Supreme Court, till 70 years. In case of Central Administrative Tribunal, the old Act and rules would apply. Thus a status report has been ordered to be filed within two weeks, showing the stage of selection process in the Tribunal, vacancies and the like.
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