9911796707
TMI Blog2008 (2) TMI 381X X X X Extracts X X X X X X X X Extracts X X X X ..... raction Meal and has been recognised as a status holder by the office of the Director General of Foreign Trade respondent no. 2 herein. During the financial year 2003-2004 the petitioner had exported soya bean extraction meal valued at Rs. 48,91,58,475/-. In the preceding financial year 2002-2003 the petitioner had exported the said item for a value of Rs. 8,86,17,620/- thus, it is claimed the petitioner has effected an incremental export growth of 486.45% in 2003-2004 over 2002-2003. 2. The petitioner places reliance on the Export and Import Policy (2002-2007) as on 1st April, 2003 notified by the Ministry of Commerce and Industry in exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 whereby the foreign trade policy has been spelt out. This policy is notified by the Government in recognition of the fact that foreign trade is not a thing in itself but a means to economic growth and national development. The primary purpose is not merely earning of foreign exchange but also the stimulation of greater economic activity. 3. In terms of para 3.7.2.1(f) of the Export and Import Policy 2002-2007, a status holder was eligible for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y which reads thus :- "9.9 Standing Grievance Committee The detail of the Grievance Redressal Mechanism is given in para 2.49 of the policy. In order to facilitate speedy redressal of genuine grievances of trade and industry pertaining to the Policy and Procedure, Grievance Committees have been constituted. These Grievance Committees are chaired by (i) the Director General of Foreign Trade at the Headquarters and (ii) head(s) of the concerned Regional Licensing Authority (s) in the respective licensing offices. Grievance Committee will include representatives of the Federation of Indian Export Organisations (FIEO), Export Promotion Councils/Commodity Boards, Development Authorities, and Government Departments/technical authorities as their members." 8. Aggrieved by the decision dated 2nd November, 2005 of the Joint Director General Foreign Trade, the petitioner made an application dated 30th November, 2005 before the Grievance Redressal Committee which granted a personal hearing to the petitioner on the 26th December, 2005. 9. On a consideration of the matter, the Grievance Redressal Committee accepted the contentions of the petitioner and held the petitioner en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct and to say that the last sentence of the decision. However as it involved a relaxation of policy, approval of Competent Authority would be taken before orders are issued, stands deleted as approval of the Hon'ble Commerce and Industry Minister has already been obtained before issuing orders. Accordingly, it is requested that the decision of the Committee may kindly be implemented immediately and compliance report furnished to this Cell." Copies of these decisions were endorsed to the respondent nos. 2 and 3 as well. 11. Inasmuch as the respondent failed to implement the decisions taken informed to the petitioner by the communication dated 14th February, 2006 and 27th February, 2006 and the failure to issue the DFCE certification, the petitioner has filed the present writ petition assailing the non-action of the respondents on grounds of arbitrariness and illegality. 12. The writ petition has been opposed by Mr. Rajeev Saxena, learned counsel appearing for the respondent, on the ground that only the Director General Foreign Trade was the competent authority to take a decision in the matter and not the Grievance Redressal Committee. It has further been urged that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers made therein or under this policy. 16. The export import policy is in national interest. Section 5 of the Foreign Trade Development and Regulation Act, 1992 reads thus :- "5. Export and import policy. - The Central Government may, from time to time formulate and announce, by notification in the Official Gazette, the export and import policy and may also, in the like manner amend that policy." As per the counter affidavit in exercise of such statutory power, the Central Government frames the Export Import Policy and has notified the same for the period 2002-2007 which came into force with effect from 1st April, 2002 and is to remain in force up to 31st March, 2007 and would be co-terminus with the Tenth Five Year Plan (2002-2007). Thus, so far as the instant case is concerned, the policy as amended up to 31st March, 2003 was in operation. 17. The respondents have placed reliance on regulation 2.3 under chapter II of the General Provisions regarding imports and exports as contained in the Exim Policy, 2002-2007 to urge that any question or doubt arising with regard to a license/ certificate/permission issued in accordance with the policy or touching upon the scope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2004. It is urged that no such issue has been raised before this court. The petitioner has dealt at length at the proceedings which were pending before the Gujarat High Court and the decision rendered therein which, according to the petitioner, has been assailed before the Apex Court to point out that none of the issues which have been raised before the Apex Court arise in the instant case. Nothing to the contrary has been placed or urged before this court. 23. In any case it is an admitted position that so far as the petitioner is concerned, there is no dispute pending before the Apex Court and there is no stay of the present proceedings. 24. It now becomes necessary to examine the only ground which has been given by the respondent for non-implementation of the decision taken on 14th February, 2006 and the further order passed on 27th February, 2006. The respondents have stated that despite the approval of the highest authority which would be the concerned minister in the Ministry of Commerce and Industry, an office memorandum dated 20th March, 2006 was issued by the Director General of Foreign Trade that all decisions of the Grievance Redressal Committee which effected ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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