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TMI Blog2016 (4) TMI 836X X X X Extracts X X X X X X X X Extracts X X X X ..... and the respondent shall not insist on compliance with clause (b) of the operative order. That direction and to this extent stands quashed and set aside. - Petition disposed of - Writ Petition No. 2855 of 2016 - - - Dated:- 28-3-2016 - S. C. Dharmadhikari And G. S. Kulkarni , JJ. For the Petitioner : Mr. Prakash Shah with Mr. Jas Sanghvi i/b PDS Legal For the Respondents : Mr. Pradeep S. Jetly with Mr. Jitendra B. Mishra ORDER P. C. 1. By this petition under Article 226 of the Constitution of India the petitioner seeks quashing and setting aside of an orderin- original dated 29th January, 2016. 2. Ordinarily, this Court would not be required to interfere with an order-in-original and which in a given case could ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , be entitled to certain benefits, concessions and rebates. The petitioner, therefore, approached the authority and filed rebate claims. 7. True it is that this authority is distinct, namely, the respondent No.3. Before him the rebate claims were filed, but the complaint of the petitioner is that after a personal hearing this Assistant Commissioner passed an order on 29th January, 2016, and what he could not do directly, he achieved it indirectly by appropriating or adjusting the amount of the demand originally confirmed but stayed by the Tribunal. Meaning thereby, he allowed the rebate only to the extend of ₹ 3,17,73,690/- in cash and ₹ 1,61,923/- by way of credit in the CENVAT account. He purported to reject the other claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paper-book. That direction and to this extent stands quashed and set aside. 11. We are mindful of the fact that the judgment and order of this Court was delivered much after the impugned order. The impugned order is dated 29th January, 2016, whereas the Division Bench in the petitioner's case is dated 22nd February, 2016. But, we expected the officers to save precious time of this Court in not requiring it to pass a detailed order and judgment by withdrawing the impugned condition / clause. That is not forthcoming as we find that officers after officers are reluctant to take decisions for the consequences might be drastic for them. No officer is acting independently and following judgments of this Court, but waiting for the superior ..... X X X X Extracts X X X X X X X X Extracts X X X X
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