9911796707
TMI Blog2006 (5) TMI 220X X X X Extracts X X X X X X X X Extracts X X X X ..... S.S. Sekhon, Member (T)]. - We have heard both sides in this matter listed today on mention of the learned Consultant in Miscellaneous Application filed by the present applicant/appellant i.e. No. 351/05, seeking indulgence of this Bench in implementing the Order of Release of gold bars which were seized from the possession of the applicant, Shrimati Nirmala Mitra aged about 86 years, a res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roached this Tribunal and this Tribunal vide its Order dated 4-7-03 [2003 (162) E.L.T. 360 (Tri. - Kolkata)], directed the Commissioner concerned to release the gold in question. In spite of the said Order of this Tribunal, the said gold was not released to the old lady who has been held to be eligible for its release. Finally vide its Order dated 13-1-06, this Bench directed the Commissioner to r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the fact that the Chief Commissioner, the Apex Administrative-cum-Executive Body in the field was informed about the above state of affairs of non-compliance of the Tribunal's Orders. This Tribunal has been created to dispense justice, which was understood prior to its creation to be delayed, due to Court Procedures. If the Tribunal's Orders are not complied with, we cannot understand the purpos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oss negligence. All Government Servants are required to ensure that the procedures established by law are enforced and Orders not flouted. A responsibility of service to the old lady is cast on all such officers to return the gold no longer permitted to be retained by Revenue. Failure to ensure return of the gold to the old lady is considered by us as gross misconduct and a copy of this finding sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
