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Issues: Challenge to remuneration order under Customs Act
Analysis: The case involves a challenge to an order passed by the Chief Judicial Magistrate, Junagadh, directing the Customs Department to pay remuneration to two Judicial Magistrates for work done under Section 110(1B) of the Customs Act. The dispute arises from the interpretation of the newly introduced sub-sections (1A) and (1B) of Section 110 of the Customs Act, which impose duties on the Magistrates regarding the preparation of inventory and certification of goods seized by the Customs Department. The Customs Department challenges the legality of the remuneration order, arguing that the newly added sub-sections (1A) and (1B) of Section 110 clearly outline the duties of the Magistrate without provision for additional remuneration. The contention is that the impugned order is contrary to law as it goes against the statutory duties imposed by the Customs Act on the Magistrates. Upon examining the relevant provisions of the Customs Act, it is evident that the duty of preparing inventory, certifying goods, and allowing the application for the same lies with the Magistrate as mandated by the Central Government. The Court emphasizes that such duties are statutory obligations of the Magistrates under the Act, and therefore, seeking remuneration for performing these duties outside office hours is unwarranted. The judgment underscores that Judges and Magistrates are on duty round the clock and cannot claim overtime charges for fulfilling their statutory responsibilities. Furthermore, the Court highlights similar instances in other statutes, like the Food Adulteration Act, where Magistrates are required to perform specific duties without entitlement to additional remuneration. Granting extra payment for tasks inherent to their judicial roles is deemed improper and illegal, setting a precedent for deterioration of judicial integrity. The judgment unequivocally declares the practice of awarding remuneration for work conducted beyond official hours by Judicial Officers as highly deprecated, illegal, and improper. In conclusion, the Court sets aside the remuneration order, ruling that the payment for alleged extra work outside court hours is unjustifiable and against the principles governing the duties and integrity of Judicial Officers. The judgment unequivocally establishes that seeking additional remuneration for tasks falling within the statutory duties of Magistrates is impermissible and undermines the ethical standards expected from judicial officers.
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