Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2023 (6) TMI 715

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 2003 (12) TMI 55 - SUPREME COURT ] the contentions on behalf of the petitioner cannot be accepted - The Supreme Court, in the said judgment, clearly held that by the very nature of things, no one has a legal right to claim a reward. The scheme itself shows that it is purely an exgratia payment subject to guidelines and may be granted at the absolute discretion of the competent authority, and no .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... FOR THE RESPONDENT : BY ADVS. SMT.PREETHA S. NAIR, SC, CENTRAL BOARD OF EXCISE CUSTOMS, SRI.JOHN VARGHESESCCEN.BOARD OF EXCISE SMT.PREETHA S. NAIR, SC, CENTRAL BOARD OF EXCISE AMP CUSTOMS , BY SR.GP.SMT.VINITHA.B. JUDGMENT Through this writ petition, the petitioner challenges Ext.P12 communication dated 22.5.2009 and Ext.P13 order of the Reward Committee dated 20.5.2009 denying the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Petitioner questioned the same by filing WP(C)No.26466 of 2003, and by judgment dated 13.01.2009, this Court directed the department to reconsider the issue of payment of further reward in accordance with the Government guidelines. Pursuant to the above direction, the respondent considered the matter and found that the quantum of rewards is the discretion of the committee and the Collector of Cus .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... quantum payable to the petitioner were reckoned. An amount of Rs.5 lakh paid to the petitioner is adequate full, and final. The reference to Rs.17 lakh as the total amount of reward was made solely in the context of determining the level/ composition of the reward sanctioning authority, which as per Ext.P9 guidelines, is to be fixed on the basis of the maximum amount that they can be sanctioned i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... imposed upon the officer concerned, and there is a failure on the officer's part to discharge that obligation. In the absence of anything showing a statutory requirement that imposes a legal duty, the writ compelling the authorities to do something cannot be issued. In such circumstances and in the absence of any material to show the entitlement of the petitioner to more than what was already .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates