2010 (2) TMI 1227 - HC - Customs

Maintainability of petition - want of necessary permission from the Cabinet Committee - Held that - there is no such Committee and no clearance from any Committee was required in the case of State PSUs; thus virtually conceding the position as put forth from the part of the petitioner - petition disposed off.

Summary

Issues: Challenge to Commissioner's order, maintainability of appeal without permission from Cabinet Committee, consideration of appeal by 2nd respondent, interim stay order, finalization of appeal, continuation of interim stay order.

In this case, the petitioner challenged the order of the Commissioner by filing an appeal before the 2nd respondent, which was dismissed for not having necessary permission from the Cabinet Committee. The petitioner argued that such permission was not required for State Government Public Sector Undertakings. Upon admission by the Court, further actions against the petitioner were stayed for a month. The respondents later admitted that no such Committee existed and no clearance was needed for State PSUs, thus supporting the petitioner's position.

The Court set aside the order of the 2nd respondent and directed them to reconsider the appeal and make a decision based on merits. The 2nd respondent was instructed to provide a hearing to the petitioner and finalize the appeal promptly. The interim stay order granted by the Tribunal during the appeal process was to remain in effect until the appeal was concluded. The Writ Petition was disposed of accordingly, ensuring due process and fairness in the appeal proceedings.