TMI Blog2014 (12) TMI 195X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, the full staff was not deployed at jetty through out the entire period. Secondly, that because of such difficulties even the department was toying with idea of considering permitting the petitioner to switch over to MOT regime. The department therefore, would have to undertake an exercise and verify whether and upto which period such shortage in deployment of staff occurred. This however, cannot be for the entire period and must be limited to some reasonable recent past. The department would also have to consider the request of the petitioner for change of regime. - Matter remanded back - Decided in favour of appellant. - SPECIAL CIVIL APPLICATION NO. 12301 of 2014 - - - Dated:- 13-11-2014 - MR. AKIL KURESHI AND MR. VIPUL M. PANCHOLI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner of Customs, Bhuj, shall decide the staff to be posted considering the workload at jetty. 2. At the end of period of five years, fresh notifications were issued and the period was extended from time to time. Last of such extension was granted on 17.3.2010. This period would be over on 16.3.2015. Under such extensions, also same conditions were imposed. 3. Case of the petitioner is that due to various reasons including the global economic slow down, jetty could not operate to its full capacity. The petitioner could utilise it only for about six months in a year. Even the department due to shortage of staff was not able to provide full agreed staff permanently stationed at jetty. An arrangement that was worked out between the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the time of renewal, the petitioner took past all dues. The petitioner cannot resile from such liability at such a belated stage. 6. Under condition no.13 of the notification under section 45(1) of the Customs Act, the petitioner had agreed to bear the establishment charges of the custom staff posted for the said jetty. However, this condition itself significantly provided that the Deputy Commissioner, Bhuj, shall decide the staff to be posted considering the workload at jetty. Thus though the petitioner had full liability to pay the charge to the custom staff posted at jetty, the strength of the staff had to be decided by the Commissioner of Customs considering the workload. If therefore, even though any staff is ordered to be deputed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... curred. This however, cannot be for the entire period and must be limited to some reasonable recent past. The department would also have to consider the request of the petitioner for change of regime. 9. Under the circumstances, the petition is disposed of with the following directions : 1) The department will examine the shortage of deployment of staff from 1.4.2013 till 31.10.2014. It would be open for the petitioner to place the materials at the disposal of the authority enabling it to gather such facts. 2) To the extent there was shortfall of staff, it would be open for the department to recover the establishment charge from the petitioner. Same shall be adjusted and given credit to the petitioner to the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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