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2006 (11) TMI 355

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..... ting the Revenue Secretary of the Central Government and the C.B.E.C, New Delhi to take appropriate action as they - hus set aside the observations made by the High Court and allow the appeal to the said extent. - 4941 of 2006 - - - Dated:- 14-11-2006 - Dr. A.R. Lakshmanan and Altamas Kabir, JJ. REPRESENTED BY : S/Shri Arun Jaitely, Mukul Rohtagi, Sr. Advocates, and C.M. Jayakumar, Rameshw .....

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..... ase put forward by the appellant or the respondents. We confine ourselves only to the observations made by the High Court in its order dt, 22-6-2006 in para 11 and 12 against the appellant who was the advocate-on-record for Union of India. The observations made by the High Court in para 11 and 12 of its order reads thus :- 11. On 9th February, 2005, this Court simply adjourned the matter as the .....

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..... onduct of Central Government Advocate is highly deplorable to say the least. Similarly, even the conduct of Mr. M.G. Rao, in filing an affidavit is totally contrary to the stand of the Customs Department set out in the affidavit in reply filed by the Joint Commissioner of Customs. 12. Dr. T.C. Kaushik who is personally present before us today has tendered unconditional apology and has filed an a .....

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..... tort the facts. I had a bona fide desire to see that the Hon ble Court s orders are obeyed. I repeat and reiterate that I had no intention to distort the orders of this Hon ble Court. 3. I further say that the contents of the letter dated 11-2-2005 addressed to Settlement Commissioner was partially not correct. I unconditionally tender my apology for the same. I pray that this Hon ble Court be p .....

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..... the respondents however, directed the respondents, namely, Union of India and others not to proceed with the departmental proceedings. The said order is still in force. As already noticed, the apology tendered by the appellant appears to be honest and genuine and, therefore, in our opinion, no further departmental action need be taken against the appellant. We, therefore, set aside the observatio .....

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