F.No.FTS(R): 26179/Member(P)/2015
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF EXCISE & CUSTOMS
NEW DELHI
Dated: February 9, 2015
OFFICE MEMORANDUM
Subject: Monitoring of CAT/Court Cases – reg.
It is noted with concern that recently in some cases CATs/Courts have imposed penalty on the Government on account of delay in filing or non-filing of reply affidavits in respect of the OAs/CWPs filed in the CATs/Courts despite ample opportunity having been given to the Government to file the reply affidavits. In some cases, the CAT/Court has also issued direction on forfeiture of right to file reply because of undue/prolonged delays in filing reply affidavits. This has been viewed seriously by the Board and it has been desired to have an effective system of monitoring of court cases so as to ensure that such instances do not recur.
2. It has been decided that all the Chief Commissioners/Directors General will designate a nodal officer for dealing with and monitoring of the court cases, not below the level of Joint Commissioner, who will ensure that timely action in filing reply affidavits is taken in consultation with the Govt. Counsel(s). In case any action is required to be taken on the part of the Board, the same will be communicated to the Board well in advance along with copies of all the relevant documents available with the Commissionerate.
3. All the Chief Commissioners are also requested to put in place a mechanism for review and monitoring of action required to be taken in CAT/Court cases on fortnightly basis at the level of Commissioner and Chief Commissioner/DG. Suitable instructions in this regard may be issued by each Chief Commissioner/DG, with a copy to the Board, duly indicating therein the name, address, Telephone No., Mobile No. and Email ID of the nodal Officer designated for the purpose.
4. The designated nodal officers may also be advised to keep in touch with the concerned officers in the Board dealing with the subject matter of the Court Case so as to ensure that no undue delay/lapse takes place in filing reply affidavits and in effectively defending the interest of the Govt of India before the Court of law.
5. Action taken report may please be furnished within a week’s time.
(Joy Kumari Chander)
Member (P&V)
Such circulars are being followed for flouting rather than observance. It is pity to say that the heads of offices would not circulate to the staff below promptly and make a GUARD file which was a practice hitherto in which all such circulars are placed after circulation to all staff below. Now a days no such practices are seen. That is why the circulars / instructions are not followed by many because lack of knowledge of such circulars.