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2001 (7) TMI 394 - HC - Central Excise
Issues:
1. Claim for reward amount by fishermen for salvaging contraband goods and saving lives. 2. Interpretation of Government Order for reward eligibility. 3. Discrepancy in reward amount sanctioned by authorities. 4. Challenge of impugned order as non-speaking order. Issue 1: The petitioners, fishermen, salvaged contraband goods and saved lives, claiming a reward. They informed Customs officials who seized the goods. The petitioners sought 20% of the goods' value as a reward, following government guidelines. The authorities initially sanctioned a lower amount, leading to a legal dispute. Issue 2: The petitioners cited Government Orders specifying rewards for informers and government servants. They argued that they were entitled to 20% of the contraband goods' value as a reward, as per the guidelines. The authorities' discretion in awarding rewards was subject to specific criteria, including the risk undertaken, accuracy of information, and help rendered. Issue 3: The authorities sanctioned a reward of Rs. 25,000 to the petitioners, significantly less than the claimed Rs. 92,540. The court found the impugned order lacking reasons for the lower amount and deemed it a non-speaking order. The judgment highlighted the failure to consider the risk faced by the petitioners and the officials' efforts in seizing the goods. Issue 4: The court held that the petitioners were informers entitled to the full 20% reward as per the government guidelines. The rejection of the first petitioner's claim was justified as he did not directly participate in salvaging the goods. The court set aside the lower reward amount and directed the authorities to pay Rs. 92,540 to the petitioners within two months, emphasizing the proper exercise of discretion in awarding rewards. This detailed analysis of the judgment showcases the legal intricacies involved in the case, including the interpretation of government orders, the application of guidelines for reward eligibility, and the necessity for authorities to provide reasoned decisions when sanctioning rewards.
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