Kerala High Court
Dr.Ajitesh Radhakrishnan vs Union Of India on 20 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Tuesday, the 20th day of February 2024 / 1st Phalguna, 1945
IA.NO.2/2023 IN OP (CAT) NO. 44 OF 2023
[AGAINST ORDER DATED 29/03/2023 IN O.A.No.180/142/2023 OF THE CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH].
PETITIONER/PETITIONER:
DR.AJITESH RADHAKRISHNAN , S/O.T.RADHAKRISHNAN, AGED 39 YEARS, JOINT
COMMISSIONER (APPEALS), CENTRAL TAX AND CENTRAL EXCISE, 4TH FLOOR,
CENTRAL REVENUE BUILDING,I.S.PRESS ROAD,KOCHI - 682018, RESIDING AT
1001, NCC URBAN SENATE, ELAMAKKARA, KOCHI - 682026.
RESPONDENTS/RESPONDENTS in OA:
1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110 001.
2. THE CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS, DEPARTMENT OF
REVENUE, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110 001,
REPRESENTED BY ITS CHAIRMAN.
3. THE DEPUTY SECRETARY TO GOVERNMENT OF INDIA, CENTRAL BOARD OF
INDIRECT TAXES & CUSTOMS, 2ND FLOOR, HUDCO VISHALA BUILDING,
BHIKAJI CAMA PLACE, NEW DELHI - 110 066.
4. THE UNDER SECRETARY TO GOVERNMENT OF INDIA,CENTRAL BOARD OF INDIRECT
TAXES & CUSTOMS, 2ND FLOOR, HUDCO VISHALA BUILDING, BHIKAJI CAMA
PLACE, NEW DELHI - 110 066.
5. THE CENTRAL VIGILANCE COMMISSION (CVC) THROUGH ITS SECRETARY,
SATARKTHA BHAWAN, A-BLOCK, C.G.O COMPLEX, I.N.A, NEW DELHI - 110021.
6. THE COMMISSIONER OF CUSTOMS (PREVENTIVE) AND INQUIRY AUTHORITY, 5TH
FLOOR, CATHOLIC CENTRE, BROADWAY, KOCHI - 682031.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the period
of undertaking mentioned in the judgment dated 09.05.2023 in the above OP
(CAT) and also to extend the time for enabling the Central Administrative
Tribunal, Ernakulam Bench to dispose of O.A.No.180/142/20223 within the
extended time frame as may be ordered by this Hon'ble Court to be just and
proper.
This Application coming on for orders on 20/2/2024, upon perusing
the application and the affidavit filed in support thereof, and this
court's judgment dated 9.05.2023 and in op(CAT) No.44/2023 and upon
hearing the arguments of SRI.K.JAJU BABU, SENIOR ADVOCATE and
M.U.VIJAYALAKSHMI & BRIJESH MOHAN, Advocates for the petitioner and of
SRI.K.R.PREMJITH KUMAR, CENTRAL GOVERNMENT COUNSEL for the respondents,
the court passed the following:
Devan Ramachandran & Shoba Annamma Eapen, JJ.
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I.A.No.2 of 2023 in O.P.(CAT)No.44 of 2023
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Dated this the 20th day of February, 2024
ORDER
Devan Ramachandran, J.
This I.A. has been filed by the petitioner asserting that the learned
Central Administrative Tribunal is yet to dispose of the Original Application
before it. They, therefore, pray that the time frame in the judgment be
extended for a sufficient period of time.
2. Sri.Jaju Babu - learned Senior Counsel, instructed by
Smt.M.U.Vijayalakshmi - appearing for the petitioner, explained that his
client has been constrained to approach this Court through this I.A.
because, the undertaking given by the Central Government Counsel was
only until 30.5.2023; and that this was recorded by this Court under the
impression that the learned Central Administrative Tribunal will dispose of
the matter by then.
3. Sri.K.M.Premjith Kumar, learned Central Government Counsel
affirmed the afore and added that he will, therefore, abide by any direction
to be issued by this Court, including the deferring of the issuance of final
order of punishment against the petitioner, until the learned Tribunal
disposes of the matter.
I.A.No.2 of 2023 in O.P.(CAT)No.44 of 2023 :: 2 ::
4. No doubt, the petitioner is justified in having approached this Court
because, the undertaking made by the learned Central Government
Counsel was only until 30.5.2023. However, it is commendable that no
action was taken by them thereafter because, as explained by the learned
Central Government Counsel - Sri.K.M.Premjith Kumar, they decided not to
initiate any precipitative action when the matter is pending before the
Central Administrative Tribunal, in deference to the orders of this Court.
5. In the afore circumstances, we allow this I.A. and direct that the
respondents will not issue the final order of punishment against the
petitioner until such time the Central Administrative Tribunal issues final
order in the Original Application pending before them.
We leave it to the parties to request the Central Administrative
Tribunal to dispose of the matter at the earliest.
sd/-
Devan Ramachandran, Judge
sd/-
Shoba Annamma Eapen, Judge
20-02-2024 /True Copy/ Assistant Registrar
