F. No. 275/13/2015-CX.8.A
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF EXCISE & CUSTOMS
(LEGAL CELL)
NEW DELHI

Dated: March 10, 2015

Subject: Putting of system to regularly monitor the litigation cases for safeguarding the interests of the Union of India-reg.

I am directed to say that it has been observed that in many litigation cases pending before various Courts, where the Union of India (UOI) is the Petitioner or the Respondent, Government interests are not being defended with adequate diligence. There is, therefore, a need of putting a system in place so that the cases are regularly monitored and the interest of the UOI is properly safeguarded before the Courts of Law.

2. In this regard, the following measures are suggested:-

(i) Each Commissioner under CBEC should maintain an updated list of cases pending in various Courts.

(ii) Pending cases should be monitored weekly at the level of the Commissioner or Commissioner equivalent officer. Commissioner may, in turn, regularly apprise the Chief Commissioner on the important matters pending before the Courts, and their progress.

(iii) There should be no justification in the ordinary course for the government to seek adjournments. Government Counsels should be advised to ensure that, adjournments are not sought as a matter of routine. Delay entails its own costs, and it also reflects poorly on the efficiency and ability of the Government to respond in time. The number of adjournments sought/obtained on behalf of the Government may be looked into and corrective action taken immediately.

(iv) Every Commissionerate should have a nodal officer of adequate seniority, to act as a coordination point for all Court cases.

(v) The Commissionerate should be in regular touch with all its Counsels and should advise them to use all means of communication including mobile phone applications like SMS, etc after every hearing for indicating the outcome/progress in the matter.

(vi) The Commissionerate may also regularly monitor the cases where the Government interest has not been adequately defended or which have been poorly handled and consequently lost, and send a report to the Board through Chief Commissioner for examination on whether any corrective action is required. The Board, if it considers necessary will send a report to the Ministry of Law and Justice.

(vii) In all cases, where position stated in the past affidavits needs to be modified for various reasons, a review may quickly be undertaken to consider whether additional affidavit is required to be filed

3. It is requested that above instructions to be issued to all concerned under your charge for information and guidance.

This issues with approval of the Member [L&J].

(Rajendra Kumar)
USD (Legal)

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