Home Case Index All Cases Customs Customs + HC Customs - 2016 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (11) TMI 554 - HC - CustomsReward money - legal right to claim a reward - Held that: - reliance placed on the decision of the case Union of India and others Versus C. Krishna Reddy [2003 (12) TMI 55 - SUPREME COURT OF INDIA] relied upon, where it was held that By the very nature of things, no one has a legal right to claim a reward. The scheme itself shows that it is purely an ex gratia payment subject to guidelines and may be granted on the absolute discretion of the competent authority and cannot be claimed by anyone as a matter of right. In such circumstances the High Court committed manifest error of law in issuing a writ of mandamus directing the appellant to pay the amount to the respondent. The claim of the appellant for reward through a writ of mandamus is wholly misconceived. The same is not entertainable in terms of the Scheme framed as the reward is contemplated only on the final determination - the appellant has rightly not been found entitled to reward money as the Circulars contemplates the payment of reward money after actual realization of the Central Excise Duty, Customs Duty, penalty, fine etc. Appeal dismissed - decided against appellant.
|