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december 2012

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.

PRADIP KUMAR vs UNION OF INDIA · Niyam