2017 (3) TMI 1188 - HC - Indian Laws

Consideration of representation - Held that - the directions given by the Central Administrative Tribunal in the impugned order of considering the representation stand complied with and now grievances, if any, against such decision, for which, respondents if deemed proper can raise before appropriate forum but so far as petitioners are concerned no cause survives - petitions disposed off.

Summary

Issues:
Challenging order of Central Administrative Tribunal based on High Court of Madras judgment. Compliance with directions by Central Administrative Tribunal. Disposal of writ petitions.

Analysis:
The writ petitions were filed under Article 226 and 227 of the Constitution of India against the order dated 30.6.2016 passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad in O.A. Nos.461 and 498 of 2016. The petitioners contested the directions of the Tribunal, which required urgent consideration of representations in light of a judgment of the High Court of Madras and issuance of appropriate orders within three months, subject to the final decision of the Supreme Court. The petitioners argued that the directions were based on a High Court of Madras order from 2010, which was under appeal by the Union of India. They contended that the directions should not have been issued and that the respondents' case deserved no further consideration.

On the other hand, the caveator argued that the Central Administrative Tribunal had considered the pending case before the Supreme Court of India, and any decision on the representation would be subject to the final outcome of that case. The representation in question had already been decided by the Chief Commissioner, Vadodara Zone of Central Excise, Customs, and Service Tax. The caveator asserted that there was no cause for the Union of India to continue with the writ petitions, and any grievances by the respondents could be raised before the appropriate forum after the rejection of the representation.

After considering the submissions, the Court found that the directions given by the Central Administrative Tribunal had been complied with. It was noted that any grievances against the decision could be raised by the respondents before the appropriate forum. The Court concluded that no cause survived for the petitioners, the Union of India, and accordingly disposed of the petitions. The notices were discharged in each of the petitions, bringing the matter to a close.