2002 (2) TMI 117 - HC - Central Excise

Summary

Issues Involved:
Challenging CEGAT orders on excise duties, sufficiency of evidence as a question of law, jurisdiction of High Court in writ petitions, invoking writ jurisdiction for factual investigation, alternative remedies for statutory authorities, judicial review limitations, recalling orders in writ jurisdiction.

Analysis:

1. The writ petition was filed by the Commissioner, Central Excise, challenging two orders passed by CEGAT related to excise duties on steel materials. The respondents were dealers who were not entitled to certain benefits under the Modvat scheme. The Tribunal had a difference of opinion between judicial and technical members, leading to a third member's involvement, ultimately ruling in favor of the respondents based on majority view. The sufficiency of evidence was deemed not a question of law by the Tribunal, as per a Supreme Court judgment.

2. The petitioner opted for a writ petition instead of availing opportunities under the law, citing the need for factual investigation prior to redressal. The Division Bench of the High Court clarified that the writ jurisdiction was appropriate, rejecting the application of a specific case law. The court emphasized that it cannot act as a fact-finding authority, as the Tribunal's order is final in determining facts.

3. The judgment highlighted that the writ court should not re-evaluate facts already determined by the Tribunal. The petitioner's invocation of writ jurisdiction was questioned, especially regarding the alleged violation of fundamental rights. The court referred to a Supreme Court ruling emphasizing that a statutory authority cannot bypass available remedies and then seek relief through writ proceedings.

4. The learned counsel for the petitioner cited certain judgments on judicial review and alternative remedies, but the court pointed out that these were not directly relevant to the current dispute. The court reiterated that a defaulting statutory authority cannot use public funds to overcome its shortcomings, emphasizing the importance of following legal procedures.

5. The court dismissed the writ petition, stating that the petitioner's request for factual review was unfounded, as the Tribunal's final decision had already been in favor of the respondents. The judgment concluded by vacating any interim orders and leaving the issue of costs open for future consideration.

This detailed analysis of the judgment provides a comprehensive overview of the legal issues involved and the court's reasoning in dismissing the writ petition.