1983 (8) TMI 307 - SC - Indian Laws

Summary

Issues Involved:
1. Legality of the Excise Commissioner's decision to cancel the auction.
2. High Court's authority to substitute its judgment for that of the Excise Commissioner.
3. Compliance with Rules 11 and 12 of Rule 374 of the General Rules for Conducting Excise Sales.
4. Adequacy of the bid and its acceptance by the Excise Commissioner.
5. High Court's direction to compel the Excise Commissioner to accept the bid.

Detailed Analysis:

1. Legality of the Excise Commissioner's Decision to Cancel the Auction:
The Excise Commissioner canceled the auction of country liquor shops in Allahabad, citing that the bids were low and would result in a loss of revenue to the Government. The Commissioner compared the bids with those from neighboring districts and previous years, concluding that the bids were inadequate. The Commissioner ordered a re-auction to secure better revenue.

2. High Court's Authority to Substitute its Judgment for that of the Excise Commissioner:
The High Court quashed the Excise Commissioner's order, deeming it arbitrary and based on irrelevant considerations. The Supreme Court found that the High Court had overstepped its jurisdiction by substituting its judgment for that of the Excise Commissioner. The Supreme Court emphasized that it is the Government's prerogative to decide the adequacy of bids and that the mere offer of a bid does not create a vested right in the bidder.

3. Compliance with Rules 11 and 12 of Rule 374 of the General Rules for Conducting Excise Sales:
The respondents argued that the Excise Commissioner's decision violated Sub-rules 11 and 12 of Rule 374. The Supreme Court noted that these rules provide guidelines for the Excise Commissioner but do not create any rights for the bidders. The final acceptance of any bid is subject to the sanction of the Excise Commissioner and the Government's decision in appeal or revision.

4. Adequacy of the Bid and its Acceptance by the Excise Commissioner:
The Supreme Court examined the methods of computation used by both parties to determine the adequacy of the bid. The Excise Commissioner's method, which compared the current year's bid with the previous year's adjusted for changes, was found to be reasonable. The Supreme Court held that it is not the Court's function to substitute its judgment for that of the Excise Commissioner, who is entrusted with protecting the revenue.

5. High Court's Direction to Compel the Excise Commissioner to Accept the Bid:
The Supreme Court found the High Court's direction to compel the Excise Commissioner to accept the respondents' bid to be unsustainable. If the High Court believed the Excise Commissioner's approach was incorrect, it should have directed the Commissioner to reconsider the matter with the correct criteria. The Supreme Court set aside the High Court's judgment and restored the Excise Commissioner's order.

Conclusion:
The Supreme Court concluded that the High Court erred in quashing the Excise Commissioner's order and substituting its judgment for that of the Commissioner. The Supreme Court restored the Excise Commissioner's order, emphasizing that the Government and the Excise Commissioner are responsible for protecting the revenue and determining the adequacy of bids. The appellant was awarded costs.