JUDGEMENT
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(1.) Leave granted.
(2.) This judgment shall dispose of all the above three appeals,
as common questions of law arise therefrom, on somewhat similar
-facts for consideration of this Court. In these appeals, the
following questions have been raised :
(i) Whether Section 129(6) of the Customs
Act, 1962, which stipulates that on demitting
office as Member of the Customs Excise and
Service Tax Appellate Tribunal (hereinafter
referred to as the CESTAT ) a person shall not
be entitled to appear before the CESTAT, is
ultra vires the Constitution of India
(ii) Whether the said provision applies to the
petitioner, as it was introduced after the
petitioner had not only joined as Member of the
CESTAT but also demitted office as such
Member
(3.) We may notice the basic factual premise from which the
above legal questions have arisen for consideration of this Court.
Primarily, we would be referring to the facts of SLP (C) No.8482 of
2010 titled P.C. Jain v. Union of India & Ors.;
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