Home Case Index All Cases Customs Customs + HC Customs - 2014 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (1) TMI 13 - HC - CustomsReward to informer being government servants - Reward for seizures made or evasion of duty detection - Reward of 20% of the value of the contraband article detected - Held that:- Reward is purely an ex gratia payment which, subject to guidelines, may be granted on the absolute discretion of the authority competent to grant rewards and cannot be claimed by anyone as a matter of right. In determining the rewards which may be granted, the authority competent to grant reward will keep specificity 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 association, etc.; the risk involved for the Government servants in working out the case, the difficulty in accruing the information, the extent to which the vigilance on 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/racketeers as well as the carriers have been apprehended or not. Ordinarily, informers and Government servants up to the level of Group ‘A’ Superintendents/Assistant Collectors of Customs and Central Excise/Assistant Directors will be eligible for reward depending on the contribution made by them as a team as well as individually with regard to the collection of intelligence, surveillance, effecting of seizure etc. Due credit should be given to the staff employed on investigation. Government servant posted on the vital point to perform his duty is expected to do with utmost zeal and valor. He is also expected to be vigilant and take all necessary steps for preventing the crime or in apprehending the criminals. It is only in extraordinary circumstances and events that the ex gratia payment of reward is contemplated when the Government servant fall under any of those set out parameters. Mere recommendation also does not give the petitioner any right to receive the reward. The petitioner also has not been able to satisfy this Court as to how the Committee has disregarded the relevant material or has considered the irrelevant details or has done any procedural lapse necessitating any interference. This Court chooses not to examine the case of the petitioner on merit except to satisfy of its due consideration as it is not expected to delve into that aspect and it is also expected not to trade on exclusive domain of Committee by applying those parameters to the case of the petitioner and decide the case of petitioner on merit further. What is vital and crucial is to satisfy ourselves that the directions of this Court have been duly complied with and his case is considered by the Committee - Decided against appellants.
|