SUKHDEV CHAKRABORTY Vs. COLLECTOR OF CUSTOMS
CUSTOMS EXCISE AND GOLD(CONTROL) APPELLATE TRIBUNAL
Click here to view full judgement.
(1.) THIS is a miscellaneous application filed by the applicant stating that this Tribunal has passed an order dated 21-9-1984 disposing of the appeal No. CD(T) Cal.-247/81 arising out of Order-in-Original No. 172 dated 8-5-1980 despatched on 17-9-1980 passed by the Additional Collector of Customs, Calcutta. The file No. of the case before the Additional Collector was Sl. (VI-374/79P). THIS Tribunal in appeal No. CD(T) Cal-247/81 passed an order No. 371/Cal/84-2504 dated 29-8-1984 directing the Additional Collector to dispose of the matter within six months from the date of receipt of this order. In the application, Shri Chatterjee, the learned Consultant has stated on behalf of the applicant, that he had given about eight reminders to the learned Additional Collector and met him personally with the request to dispose of the matter in accordance with the orders passed by this Tribunal. In spite of it, the same was not disposed of and hence this application was filed with the request that this Bench may be pleased to direct the Deputy Collector of Customs (Preventive), West Bengal, Calcutta, to dispose of the above case de novo.
(2.) I have heard Shri B.B. Sarkar, the learned J.D.R. also in the above matter.
It is now seen that in spite of the orders of this Tribunal, the same was not disposed of by the authorities. The words "Courts subordinate to it" used in Section 10 of the Contempt of Courts Act is wide enough to include all the courts judicially subordinate to the High Court even though administrative control over them under Article 235 of the Constitution does not vest in the High Court. Under Article 227 of the Constitution, the High Court has power of superintendence over all courts and Tribunals throughout the country in relation to which it exercises jurisdiction. In such circumstances, when the orders passed by this Tribunal is not respected by the lower authorities, the Tribunal is within its right to refer the matter to the Hon'ble High Court under Section 10 of the Contempt of Courts Act for initiating contempt proceedings against the authorities concerned. This view is also expressed by the Supreme Court in a decision reported in A.I.R. 1981 S.C. 723, at page 726 in the case of K. Sarkar v. Vinay Chandra Mishra.
(3.) HOWEVER, in the circumstances, the learned Deputy Collector of Customs (Preventive), West Bengal, Calcutta is hereby directed to dispose of this matter within two months from the date of receipt of this order, which the appellant himself may hand over to him personally either by himself or through his advocate, and if he fails to dispose of the case mentioned above within two months from that date, the matter will be referred to the Hon'ble High Court under Section 10 of the Contempt of Courts Act for initiating necessary action without any further notice in,this behalf.;
Copyright © Regent Computronics Pvt.Ltd.