Appointment of adjudicating authority - An obituary to 'Independent Adjudicator'?

Dear Sir,

I have the greatest regard for you as an adjudicator while serving as Commissioner and later as Member(Technical) in CESTAT. Having worked in DRI, for several years, I can say that nuances of investigation in most cases are better understood by the person who has closely seen the same evolve into a show cause notice and adjudicated upon in all fairness. Therefore, I believe this is the principle guiding force to issue the Notification by the Board. Infact, if at all some quality investigation and show cause notices are being issued by the department, the premier investigating agencies like DRI, DGCEI role in that cannot be undermined. The cases investigated by DRI, DGCEI has better success rate in Appeal cannot be overlooked. Nevertheless, even in Commissionerate, the investigation, the SCN and the final adjudication order are being passed by the same person/authority. Now with many Commissioner/Principal Commissioner holding dual charges, the adjudication bias seems palpable. Therefore, to point fingers only at the premier investigating agency like the DRI in my opinion would not be fair proposition.

Ramesh Vijayaraghavan
Ex- DRI
now Customs Consultant

R Swamy 14/12/2015