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Cus - When there is Court's order & which directs Authority to decide case within a particular time frame, then, it is his duty to adhere to it - not complying with Court's order and in time will result in visit with personal costs & consequences such as entering displeasure of this Court in their service record: HC

By TIOL News Service

MUMBAI, JULY 12, 2015: PROCEEDINGS were initiated under the Contempt of Courts Act, 1971 against the Dy. Commissioner of Customs.

An affidavit was filed by the Deputy Commissioner before the High Court wherein he tendered an unconditional apology for the delay but offered an explanation and submitted that delay was not deliberate or malafide.

The High Court observed -

"3. We have noted this statement in the affidavit in reply. The law on the point is very clear. When there is Court's order and which directs the Authority like the Commissioner of Customs to decide the case within a particular time frame, then, it is his bounden duty to adhere to it. If there are any difficulties in following and abiding by the schedule prescribed in the Court's order, then, appropriate applications have to be made seeking extension of time and the Court must be appraised of all developments and difficulties. It is when the Court extends time, then, the matter can be decided within that extended period, else all such authorities are aware of the consequences of not complying with the Court's order and in time. They could be visited with personal costs and consequences such as entering displeasure of this Court in their service record."

However, the High Court refrained from taking action in view of the explanation given on affidavit but warning the deponent that hereinafter the Court would not accept such explanation.

The proceedings initiated under the Contempt of Courts Act,1971 was dropped with the aforesaid caution and warning. The High Court also did not impose costs.

The Contempt Petition was disposed of.

(See 2015-TIOL-1575-HC-MUM-CUS)


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