Supreme Court of India · 2012-12-14
PRADIP KUMAR vs UNION OF INDIA
- Citation / case number
- SC 2012/30867
- Court
- Supreme Court of India
- Petitioner
- PRADIP KUMAR
- Respondent
- UNION OF INDIA
- Author
- SURINDER SINGH NIJJAR
- Bench
- ALTAMAS KABIR,SURINDER SINGH NIJJAR,J. CHELAMESWAR
Judgment text excerpt
The Supreme Court upheld the High Court's decision to quash the order of the Central Administrative Tribunal (CAT) that discharged Pradip Kumar from service as a Member (Judicial) in the Customs Excise and Service Tax Appellate Tribunal (CESTAT). The Court interpreted Rule 8 and Rule 9(2) of the Customs, Excise and Service Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1987, clarifying that the discharge during probation must follow due process. The Court ruled that the discharge was invalid as it did not adhere to the procedural requirements set forth in the Rules, thereby reinstating Kumar's position.