2005 (11) TMI 50 - HC - Income Tax

Clearance from the Committee - It is a mandatory obligation upon every court and Tribunal where a dispute is raised between Ministry and Ministry of the Government of India, Ministry and public sector undertakings of the Government of India and public sector undertakings in between themselves to demand a clearance from the Committee and in case it is not pleaded and in the absence of clearance, not to proceed with the case. There is no pleading on the above aspect in the writ petition. It is accordingly dismissed with liberty to the petitioner if so advised, to approach the Committee as indicated above

Summary

Issues: Obligation to seek clearance from Committee in disputes involving Ministries and public sector undertakings of the Government of India.

Analysis:
The judgment involves a petition titled Union of India v. Union of India, where the court emphasizes the necessity of seeking clearance from a Committee in disputes between Ministries and public sector undertakings. The court refers to previous judgments, including Oil and Natural Gas Commission v. Collector of Central Excise and Chief Conservator of Forests v. Collector, to establish the requirement for a Committee to monitor such disputes. The court mandates that every court and Tribunal must demand clearance from the Committee before proceeding with a case involving such disputes. In the absence of clearance, the proceedings cannot continue. The judgment highlights the importance of adherence to this procedure to avoid unnecessary litigation and ensure proper resolution of disputes.

The court quotes specific paragraphs from the mentioned cases to emphasize the need for setting up Committees at both the central and state levels to handle disputes effectively. It stresses that the decisions taken by these Committees should be binding on all concerned parties and represent the official stand of the respective governments. The judgment also delves into a specific case where the Chief Conservator of Forests challenged an order without proper authorization, leading to the conclusion that the writ petition and subsequent appeal were not maintainable in law. The court clarifies that obtaining permission to file an appeal does not equate to authorization to do so in one's name, emphasizing the importance of legal procedures and proper representation in such matters.

In light of the principles established in the referenced judgments, the court dismisses the present writ petition due to the absence of any pleading regarding clearance from the Committee. The petitioner is granted the liberty to approach the Committee as required. The judgment underscores the mandatory nature of seeking clearance in disputes involving Ministries and public sector undertakings, highlighting the significance of following proper procedures to ensure efficient resolution and prevent unnecessary legal battles. No costs are awarded in this matter, emphasizing the procedural aspect of seeking clearance as the primary concern in such cases.