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2014 (5) TMI 58 - HC - Central ExciseReduction in pension - Performance of quasi judicial functions - Initiation of disciplinary proceedings - Exceeding his financial powers as the matter related to approval of classification lists - Held that:- We have endeavoured to analyse the Circular dated 14.5.1992, which prescribes the monetary limits for adjudication. No doubt, a monetary limit has been prescribed for different officers, but the Circular is qualified by the expression “other than the cases relating to approval of classification lists and price lists” The petitioner was performing this very function and, thus, the financial limit would not inhibit him from deciding the cases. This aspect stands completely clarified by both the stand taken by the respondents before us in the pleadings as well as by the cross examination of the witness of the department. Petitioner would have no option but to act in accordance with the judicial hierarchy of the appellate authority being CEGAT, which had already expressed its view on the issue of this classification vide order dated 20.12.1990. Not only that, the petitioner brought to the notice of the Inquiry Officer that identical orders were passed by other officers, as per Exhibits D- 5, D-6 and D-7 placed before the Inquiry Officer, where the same orders of the CEGAT had been followed. We find it quite surprising that such a hue and cry has been made in the case of the petitioner in the aforesaid circumstances, especially when there was no loss of revenue in view of the Special Leave Petition being dismissed as also the review application. - Impugned order is set aside - Decided in favour of petitioner.
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