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M/s. M.S. Shoes East Ltd Versus Union of India & Ors.

Validity of draft order passed by the Joint Secretary ('JS') Government of India - Order was not singed by the JS who passed the order - Held that:- As far as present case is concerned, the result is that there is no valid order passed on the Petitioner's revision application till date. The draft order dated 20th August 2002 which has no legal status, cannot be held to be a valid order disposing of the Petitioner's revision application. The said application has to be treated as still pending adj .....

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Respondents Through Mr. Kamal Kant Jha, Sr. Panel Counsel with Mr. A.K. Bhan, for R-1 Ms. K. Enatoli Sema, Adv. for respondents 2 & 3. O R D E R 1. The challenge in this petition is to an order dated 20th August 2002 passed by the Joint Secretary to the Government of India, Department of Revenue, Ministry of Finance, rejecting the revision application filed by the petitioner under Section 129DD of the Customs Act, 1962 ('CA') against an order in appeal d .....

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nsel for the Petitioner points out that in the rejoinder the Petitioner raised the point that the impugned order No. 277/2002 dated 20th' August 2002 passed by Mr Dinesh Kacker, the Joint Secretary (JS) to the Government of India, in the Department of Revenue, was in fact not signed by the said JS. He states that this fact can be verified only if the original file (being F. No. 375/3 l/DBK/2001-RA.Cus) in which the order was passed is produced before the Court. 4. On 30th May 201 .....

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corrections made in the Draft Order have not been initialled by him. 6. What is important is that the impugned order, certified copy of which has been issued to the Petitioner and which has been assailed in the present petition, is present in the file but without the signature of Mr. Kakkar. The end of the order only states sd/- with the name of Mr. Dinesh Kakkar typed below. Below this to the left is the attestation of Mr. BAV Srinivasan, Under Secretary (RA). 7. The fac .....

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