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The Judge Retired
It is usual for the Sales Tax
Tribunal Bar Association to welcome the new members joining the Tribunal and
also give them send-off and wish them a peaceful retired life, whenever they
retire. Sometimes it is a mere formality. But, sometimes it becomes an emotional
event.
This is exactly what happened
when Hon’ble Shri D.H. Sali retired. The notice convening the send-off function
itself informed everyone that a ‘warm send-off’ was to be given to Mr. Sali.
Everyone who spoke in the meeting was quite concerned with his departure from
the Tribunal and expressed regrets on his ineligibility for extension. We gave
him a send-off, but, none of us wanted him to be sent off.
The question is, why and how
the Bar developed so much affection and respect for Mr. Sali. Did he give all
his judgments in our favour? No. In fact, equal number of judgments were against
us. But, his every judgment was well reasoned. In some of his judgments, the
persons appearing have found that he substantiated their arguments by quoting
the authorities on the subject which were delivered decades back. It only proves
that he was keeping track of citations throughout his career. This is why his
orders, even as an appellate officer with the Department were balanced one. In
our view, patient hearing, accurate questioning and judicious mind were his
power points which helped him in giving correct judgments. It is our misfortune
that he had a short tenure in the Tribunal.
But, Sir, we really feel that
you should not retire altogether. We fail to understand why such persons, who
are achievers, think of retiring at the age of sixty, if they are physically and
mentally fit. Many of the High Court and Supreme Court judges start practising
immediately after their official retirement. Justice Suresh retired eighteen
years back. He is chairing three arbitrations a day. Dr. Saraf is now a well
known Arbitrator in Government matters. Several retired judges of the Bombay
High Court are either practising in the same Court or are appearing in the
Supreme Court. Take the case of our Sales Tax Bar. Mr. Patel retired at the age
of eighty four. Both the Joshies are still in their twenties. Mr. Surte is
younger than Subhash and Mr. Gaitonde, after knee replacement, is full day on
his toes.
We have written this in a
little lighter vein. But the fact remains that these stalwarts are yet in
practice not only with economic considerations, but they are there because they
know that the fraternity wants them. Mr.Surte always says that I shall stop
attending the matters the day I suspect that I am unwanted. Sir, do join us and
we will extend all our support. Please excuse us for not wishing you a peaceful
retired life.
Vinayak Patkar
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