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Petitioner: COLLECTOR OF CUSTOMS, ISLAMABAD VS Respondent: CHAIRMAN, CUSTOMS APPELLATE TRIBUNAL and 6 others
Court Name: Islamabad High Court Judge(s): Muhammad Anwar Khan Kasi Title:COLLECTOR OF CUSTOMS, ISLAMABAD vs CHAIRMAN, CUSTOMS APPELLATE
TRIBUNAL and 6 others Case No.: Writ Petition No,2478 of 2013 Date of Judgment:2013-12-20 Reported As: 2014 PTD 2014 Result: Petitions dismissed Judgment ORDER MUHAMMAD ANWAR KHAN KASI, C.J.---Captioned petition and W.P. No,2508 of 2013 contain identical question, therefore, being decided by the single order. Petitioner questions the order whereby respondent No,1 [learned Chairman Inland Appellate Tribunal] dismissed his application highlighting objection qua constitution of Bench without inclusion of Member (Technical) from Peshawar. Learned counsel for petitioner submits that constitution of the Bench was done with mala fide intentions, without recording reasons by avoiding to include Member (Technical) from nearest tribunal i,e, Peshawar and an inducing of member from a farther part of country i,e, Karachi, reflects the intention of Chairman to get decided the case as per his own choice. It is next submitted that he has no trust in the respondent No,1, who has constituted the Bench in hasty manner without waiting for appointment of Member (Technical) Islamabad, which casts doubt upon the intention of respondent No, 1 . On the other hand, learned counsel for respondent No,1 submitted that constitution of Benches was in adherence to codified procedure contained in section 194-C of Custom Act. It is next submitted that petitioner is not entitled under any provision of law to seek constitution of bench or inclusion of a specific member of his choice. Learned Counsel for the respondents Nos,2 and 3 adopted the above arguments. In support of his contention learned counsel relied on case of Collector of Customs Model Collectorate of PACCs. v. Muzammil Ahmad (2009 PTD 266). Heard and record perused. Perusal of record reveals that previously through a written application, the petitioner required
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inclusion of Member (Technical) in the Bench which was allowed by the respondent No,1 and the Bench was reconstituted by inducting Member (Technical), however, he again preferred the application with the request for inclusion of a specific A member from Peshawar instead of Karachi. The claim of the petitioner does not find support from the law on the subject, as section 194-C of Customs Act, 1969 empowers the learned respondent No,1 to constitute the benches. It is settled law that every authority vested with discretion is under obligation to exercise the same transparently and judiciously but is also cannot be lost sight of that none of the parties to judicial or quasi-judicial proceedings can claim hearing by bench of his choice. In view of above, claim of the petitioner fails the legal scrutiny, therefore, petitions are dismissed with no order as to costs.