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2021 (3) TMI 801 - HC - Indian Laws


Issues:
1. Petition seeking directions for framing rules and guidelines regarding wearing prescribed uniform for officials in Central GST, Central Excise, and Customs.
2. Petition seeking directions for framing rules and guidelines regarding guard of honour, salute, and inspection of parade for officials in Central GST, Central Excise, and Customs.
3. Petition seeking withdrawal of memos, vigilance inquiries, and disciplinary actions against executive staff for not wearing uniforms.
4. Petition seeking closure of cases and vigilance inquiries against staff for not wearing uniforms.
5. Petition seeking to prevent harassment and victimization of officials/staff for not wearing uniforms.
6. Any other just and proper direction deemed fit by the court.
7. Cost in favor of the petitioner.

Analysis:

1. The petitioner argued that post-GST Act, there is no provision for Central Excise Inspectors to wear uniforms. The petitioner's association members faced disciplinary actions for not wearing uniforms, which they claim are being misused for personal purposes. They sought relief from the court to direct the authorities to frame rules and guidelines regarding uniforms and related practices.

2. The respondent's counsel contended that wearing uniforms by Central Excise Inspectors has been a long-standing practice, and there is no ban on uniforms. Members of the petitioner's association are paid allowances for uniforms. The respondent argued that the insistence on uniforms and related practices is not new and has been in force for a significant period.

3. The court noted that the petition was filed by an individual on behalf of the All India Central Excise Inspector Association. The respondent highlighted that disciplinary actions were initiated against the General Secretary of the association for insubordination. The court found the petition vague and lacking specific challenges to any particular order or memorandum.

4. The court observed that the petition was registered as a Public Interest Litigation, although the petitioner claimed it was filed in an individual capacity. The court dismissed the petition, finding it misconceived and lacking grounds for intervention under Article 226 of the Constitution of India.

In conclusion, the court dismissed the petition, citing lack of specific challenges, vagueness in prayers, and the individual nature of the disciplinary actions being pursued separately. The court found no basis for granting relief under the circumstances presented in the case.

 

 

 

 

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