M. Kripalani vs Government of India

Jayant Patel, J. - The present petition is directed against order dated 1-3-2016, passed by the learned single judge, in W.P. No. 9995/2016, whereby, for reasons recorded in the order, has directed for holding an enquiry and to examine the matter in accordance with law.

We have heard Mr. B.A. Belliappa, learned counsel for appellant and Mr. Basavaraj Pujar S., learned Central Government Counsel, appearing for Respondent No. 1 as well as Mr. Jeevan J. Neeralgi, learned counsel appearing for Respondent Nos. 2 to 4.

Learned counsel appearing for the appellant, after arguing the matter for some time, submitted that there are serious allegations against the Addl. Commissioner of Customs who passed the order not to give effect to ''out of charge order'' of the goods and if he is not to hold enquiry and the enquiry be entrusted to any other officer of the rank of Addl. Commissioner of Customs, which may be decided by the Chief Commissioner of Customs, he would not press the matter.

Whereas, Mr. Neeralgi, learned counsel appearing for the customs authorities submitted that the department cannot have any objection to assigning the work to any other Addl. Commissioner of Customs. But the appellant should not make any baseless and reckless allegation against the officer who may be assigned the work by the Chief Commissioner of Customs.

Mr. Belliappa, learned counsel appearing for the appellant submits that if the work is assigned to any other officer of the rank of Addl. Commissioner of Customs, he would co-operate with the enquiry and shall not make any baseless allegation.

In view of the above, we find that in order to instill confidence in the enquiry, if the work is entrusted to any other officer of the rank of Addl. Commissioner of Customs, no prejudice would be caused since the enquiry even otherwise is directed to be held as per the observations made by the learned single judge in the impugned order. Hence, we direct the Chief Commissioner of Customs, Bengaluru, to look into the matter and assign the work of holding of enquiry to any other officer of the rank of Addl. Commissioner of Customs (other than the Addl. Commissioner of Customs, Airport who passed the order for suspension of out of charge order of the goods.)

It is also clarified that the officer who may hold the enquiry shall not be influenced by the order dated 16-2-2016 (Annexure-P) and he shall independently consider the matter in accordance with law on the basis of the material available before him after giving an opportunity of hearing both sides.

We also direct that appellant shall co-operate with the enquiry proceedings. The nomination of the officer shall be completed by the Chief Commissioner of Customs within a period of two weeks from the date of receipt of the certified copy of this order.

Order of the learned single Judge shall stand modified accordingly.

Appeal disposed off accordingly.

I.A. 1/16 would not survive for consideration, as the main appeal itself is disposed off.