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2021 (3) TMI 801

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..... ry proceedings were initiated against them. The petitioner's association has filed the instant writ petition on behalf of those persons. We cannot appreciate the manner in which, the instant writ petition has been filed, particularly, when the disciplinary proceedings were initiated against the General Secretary of the petitioner's association and he has himself challenged the same before the Central Administrative Tribunal where the case is pending. The writ petition appears to have been filed with ulterior motive to put undue pressure on the authorities, which cannot be appreciated. It is also to be noted that this writ petition has been registered as a Public Interest Litigation, however, the learned counsel for petitioner sub .....

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..... rding Guard of Honour, salute and inspection of Parade for officials posted in Central GST, Central Excise Customs. (iii) Issue a writ, order or direction in the nature of Mandamus thereby directing the Union of India and Central Board of Indirect Taxes Customs and GST Council to withdraw all the Memos, vigilance inquires or any other disciplinary actions against the executive staff in absence of any Rules and Guidelines regard wearing of Uniform. (iv) Issue a writ, order or direction in the nature of Mandamus thereby directing the Union of India and Central Board of Indirect Taxes Customs and GST Council to close all the cases, vigilance inquiries, initiated or contemplated to be initiated against the executive staff for no .....

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..... ssociation, no disciplinary action can be initiated against them. It cannot be termed to be disobedience or insubordination. It is also submitted that the members of the petitioner's association are required to wear Uniform and also give Guard of Honour to the Higher Officers whenever they visit their office. There is no provision for providing Guard of Honour to the Higher Officers in the Department. Mr. Dipak Seth, learned counsel appearing for opposite parties no.3 to 6 on the other hand submits that in fact the instant writ petition has been filed by Sri Abhijat Srivastava in the name of All India Central Excise Inspector Association as he was found to be guilty of insubordination, indiscipline and disciplinary proceedings were i .....

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..... espect to the National Flag and certain disciplinary proceedings were initiated against them. The petitioner's association has filed the instant writ petition on behalf of those persons. We cannot appreciate the manner in which, the instant writ petition has been filed, particularly, when the disciplinary proceedings were initiated against the General Secretary of the petitioner's association and he has himself challenged the same before the Central Administrative Tribunal where the case is pending. The writ petition appears to have been filed with ulterior motive to put undue pressure on the authorities, which cannot be appreciated. Learned counsel for petitioner has also not been able to indicate any prejudice which could be ca .....

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