Flouting of Court's order & arbitrary action of officials, viewed seriously by Hon'ble High Court's


Flouting of Court's order & arbitrary action of officials, viewed seriously by Hon'ble High Court's
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Thursday, June 2, 2016
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Dear all,

We are pleased to inform you that, one of our Executive Committee Member Shri Utkarsh Mehta has forwaded an important  verdict of Hon'ble Bombay High Court in case of Larson & Turbo Limited v/s. UOI. While passing the order Hon'ble High Court observed that,

"Reluctance of AOs to comply with binding Court judgments leads to negative reactions amongst business entities doing business in India and hurts National pride and image. Hereafter non-compliance with orders would visit officials with individual penalties, including forfeiture of salaries."

In the detail order Hon'ble Bombay High Court pass a remark that,

No officer is acting independently and following judgments of this Court, but waiting for the superiors to give them a nod. Even the superiors are reluctant given the status of the assessee and the quantum of the demand or the refund claim. We are sure that some day we would be required to step in and order action against such officers who refuse to comply with the Court judgments and which are binding on them as they fear drastic consequences or unless their superiors have given them the green signal. If there is such reluctance, then, we do not find any enthusiasm much less encouragement for business entities to do business in India or with Indian business entitles. Such negative reactions / responses hurt eventually the National pride and image. It is time that the officers inculcate in them a habit of following and implementing judicial orders which bind them and unmindful of the response of their superiors. That would generate the right support from all, including those who come forward to pay taxes and sometimes voluntarily. Hereafter if such orders are not withdrawn despite binding Division Bench judgments of this Court that would visit the officials with individual penalties, including forfeiture of their salaries until they take a corrective action”

Not only that, Mr. Mehta has also forwarded other such orders in various cases,  wherein the arbitrary of Government Officials have be critized by Hon'ble Court.

This shows that, Hon'ble Court felt that, such arbitrary action of Government Officials leads to negative reactions amongst business entities doing business in India and hurts National pride and image.

This is very positive single for whole business entities who are contributing in the GDP of nation and play very vital role in nation building.

The soft copy of the same is enclosed herewith for your reference.

Thanking you,
With regards,

For Silvassa Industries & Manufacturers Association

Narendra Trivedi
Secretary


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