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2015 (10) TMI 2145 - BOMBAY HIGH COURT

2015 (10) TMI 2145 - BOMBAY HIGH COURT - 2015 (324) E.L.T. 458 (Bom.) - Failure of the DGFT to pass the orders as per the directions of the Apex Court - No endeavour has been made to seek an extension and for passing an order or taking a decision in terms of the order of this Court referred above. - Held that:- Court do not countenance such state of affairs and particularly from the Directorate of Foreign Trade, the Director General of Foreign Trade or the Joint Director of Foreign Trade having .....

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of this Court and thereafter creating difficulties for the Union of India/ Central Government. - Petition disposed of. - WRIT PETITION NO. 1530 OF 2014 - Dated:- 30-7-2015 - S.C. Dharmadhikari & G.S. Kulkarni, JJ. Mr. J.J. Bhatt, senior counsel with Mr.J.H. Motwani and Mr. Gopal and Mundra i/b Economic Laws Practice : For the Petitioner. Mr. Pradeep S. Jetly with Mr. Dhanesh R. Shah : For the Respondents. ORDER 1. An order passed by this Court on 9th May, 2014, directed the competent authori .....

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orders and issues such directions it expects the competent authority to take a decision and which decision must be an order assigning reasons. It is trite that no order of the Government can be said to be such and partaking the nature of a binding direction unless it is made in accordance with the business Rules and duly communicated. No compliance is reported of this Court's order till date, save and except an oral explanation that the understanding of the authorities was that they are req .....

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on of India is the supreme law of the land, having flown from ''We, the people of India, i.e., Bharat, having solemnly resolved to constitute India into a sovereign, socialist, secular democratic Republic. The sovereign power is distributed among the Legislature, the Executive and the Judiciary with checks and balances but not in water-tight rigid mould. In our democracy governed by the rule of law, the Judiciary has expressly been entrusted with the power of judicial reviews as sentinal .....

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e limits set by the law, i.e., constitutionalism. In other words, the State is to obey the law. The more the administrative action in our welfare State expands widely touching the individuals, the more is the scope of judicial review of State action, Judicial review of administrative action is, therefore, an essential part of rule of law. The judicial control on administrative action, thus, affords the Courts to determine not only the constitutionality of the law but also the procedural part of .....

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ntable to the political executive is subject to judicial review. The doctrine of ''full faith and credit'' applied to the acts done by the officers and presumptive evidence of regularity of official acts done or performed, is apposite in faithful discharge of duties to elongate public purpose and to be in accordance with the procedure prescribed. It is now settled legal position that the bureaucracy is also accountable for the acts done in accordance with the rules when judicial .....

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e is adopted and action taken. The controlling officer holds each of them responsible at the pain of disciplinary action. The object thereby is to ensure compliance of the rule of law. 4. The Constitutional Courts exercise their power of judicial review with constraint to ensure that the authorities on whom the power is entrusted under the rule of law or confided, is discharged truely, objectively, expeditiously for the purpose for which substantive acts/results are intended. The petitioner bein .....

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e they did not discharge the duty, necessarily, they were required to give explanation to the Court as to the circumstances in which they could not comply with the direction issued by the Court or if there was any unavoidable delay, they should have sought further time for compliance. Unfortunately, neither of the steps have been taken by the officer in that regard. Therefore, the High Court was constrained to impose the costs personally against him for non-compliance of the order. 5. It is true .....

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s personally against the officers, the Court is required to enquire after giving notice and reasonable opportunity to the officer who could not be impleaded earlier or was not on record, to explain the reasons for non-compliance of the order or decision taken to file the proceedings. Take for instance, delay in filing of an appeal or revision. It is known fact that in transaction of the Government business, none would own personal responsibility and decisions are leisurely taken at various level .....

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