- (1.) The appellant-petitioner has filed the Writ petition praying for issue of a Writ in the nature of Mandamus directing the respondents to forthwith rescind, cancel and/or modify the purported order dated 4th of August 2003 (Annoxure P-5). He also prayed for issue of a Writ in the nature of Mandamus , commanding the respondents to forthwith grant and pay a further amount of Rs. 24.60 lakhs to him as and by way of reward-in the statement of the reward case bearing File Nos. C-141-62/97 DIU & 141-04/99 DIU. The appellant-petitioner also claimed interest at the rate of 18% per annum on the remaining sum of Rs. 24.60 lakhs from the date of realisation of the customs duty till payment.
(2.) The writ petition filed by the petitioner has been dismissed by the learned single Judge with the following observations : "The circular dated 30th March, 1985 on which the claim of the petitioner to reward is based, provides as follows : Reward is purely an ex-gratia payment which, subject to the guidelines, may be granted at the absolute discretion of the authority competent to grant rewards and cannot be claimed by any one as a matter of right. In determining the reward which may be granted the authority competent to grant reward will keep in mind the authenticity and accuracy of the information, the risk and trouble undertaken, the extent and nature of the help rendered by the informer, whether information gives clues to persons involved in smuggling or their associates, etc. the risk involved for government servants in working out the case, the difficulty in securing the information the extent to which the vigilance of the staff led to the seizures, special initiative, efforts and ingenuity displayed etc. and whether besides the seizure of contraband goods, the owners organizers/Financiers as well as the carriers have been apprehended or not." This Court, cannot, in proceedings under Article 226 of the Constitution of India adjudicate disputes with regard to the extent of the information given by the informer or the exact amount of duty and penalty recovered, on the basis of the information. It is not for the writ court to determine the extent to which duty has been recovered on account of information provided by the informer and the extent to which duty has been recovered by investigation through the Department's own machinery. In any case, reward as per the Circular dated 31st March, 1985 is an ex-gratia discretionary payment that cannot be claimed as of right".
(3.) Aggrieved by the aforesaid judgment of the learned single Judge dated 18-7-2006 [2007 (214) E.L.T. 326 (Cal.)] the appellant-petitioner has filed the present appeal.;