TMI Blog2023 (6) TMI 715X X X X Extracts X X X X X X X X Extracts X X X X ..... ONDENT : BY ADVS. SMT.PREETHA S. NAIR, SC, CENTRAL BOARD OF EXCISE & CUSTOMS, SRI.JOHN VARGHESESCCEN.BOARD OF EXCISE SMT.PREETHA S. NAIR, SC, CENTRAL BOARD OF EXCISE AMP CUSTOMS , BY SR.GP.SMT.VINITHA.B. JUDGMENT Through this writ petition, the petitioner challenges Ext.P12 communication dated 22.5.2009 and Ext.P13 order of the Reward Committee dated 20.5.2009 denying the final reward to the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same by filing WP(C)No.26466 of 2003, and by judgment dated 13.01.2009, this Court directed the department to reconsider the issue of payment of further reward in accordance with the Government guidelines. Pursuant to the above direction, the respondent considered the matter and found that the quantum of rewards is the discretion of the committee and the Collector of Customs. The petitioner file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner were reckoned. An amount of Rs.5 lakh paid to the petitioner is adequate full, and final. The reference to Rs.17 lakh as the total amount of reward was made solely in the context of determining the level/ composition of the reward sanctioning authority, which as per Ext.P9 guidelines, is to be fixed on the basis of the maximum amount that they can be sanctioned in a case when all the requi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erned, and there is a failure on the officer's part to discharge that obligation. In the absence of anything showing a statutory requirement that imposes a legal duty, the writ compelling the authorities to do something cannot be issued. In such circumstances and in the absence of any material to show the entitlement of the petitioner to more than what was already paid to him, the writ petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|