On the issue of proper authority for adjudication of customs proceedings, the High Court declined to pronounce on the correctness of submissions before the concerned adjudicating authority, holding the writ petition dismissed with rights reserved.
Writ petition dismissed; petitioner can urge contentions including jurisdiction with rights reserved.
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versus UNION OF INDIA & ORS. ..... Respondents Through: Mr.Anurag Ahluwalia, CGSC for UOI with Ms.Srishti Banerjee and Mr.Mayank Mishra, Advocates
CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA
The petitioner raises a question on notice of pending proceedings before the Commissioner of Customs on several grounds – the principle there being that the proper officer is a Joint Commissioner in terms of the cadre reorganisation notification. It is highlighted that the officials of the DRI are empowered to examine and adjudicate upon such disputes. The respondents’ contention on the other hand is that the basic pre-existing notification empowering Additional Commissioner or Joint Commissioner to adjudicate upon the issues (dated 31.05.2011) prevails. After hearing of the counsel, we are of the opinion that this issue should be appropriately addressed by the concerned adjudicating authority. At this stage, the court does not wish to pronounce upon the correctness of the submissions having regard to the fact that prima facie there is authority in the form of the
notification of 31.05.2011.
The writ petition is therefore dismissed. However, it is open to the petitioner to urge all contentions including the issue of jurisdiction in which the rights and contentions of both the parties are reserved.
S. RAVINDRA BHAT, J
DEEPA SHARMA, J
SEPTEMBER 08, 2016 rb
1 issue framed by the court
Whether the writ court should adjudicate on the jurisdictional dispute regarding the proper officer between the Commissioner of Customs and Joints Commissioners under DRI ahead of the concerned author
Amit Arora
Union of India
S. Ravindra Bhat
Deepa Sharma
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
