Central Administrative Tribunal - Lucknow
Sher Singh Parmar vs Central Excise And Customs on 5 April, 2023
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CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH
LUCKNOW
Original Application No. 332/000125 /2023
This is 05th day of April, 2023
Hon'ble Mr. Justice Anil Kumar Ojha, Member-J
Hon'ble Mr. Devendra Chaudhry, Member - A
Sher Singh Parmar, c/o Mr.Prashant Shukla, S/o Late Hari Singh
Parmar aged about 55 years, 7, Tilak Marg, Dalibagh, Lucknow
(U.P.)-226001.
.....Applicant.
By Advocate: Sri Rahul Mishra
VERSUS
1. Union of India Through Secretary to the Government of
India, Department of Pensions and Pensioners Welfare,
Ministry of Personnel, Public Grievances and Pensions,
Lok Nayak Bhawan, Khan Market, New Delhi-110003.
2. The Revenue Secretary, Government of India, Ministry of
Finance, Department of Revenue, North Block, New
Delhi-110001.
3. The Commissioner of Customs, Pune Customs
Commissionerate, 41-A, ICE House, opposite Wadia
college, Sassoon Road, Pune-411001 (Maharashtra).
4. The Chairman, Central Board of Indirect Taxes, Excise &
Customs Room No.243E, 2nd Floor, North Block, New
Delhi-110001.
5. Principal Commissioner, GST, Central Excise, 41-A, ICE
House, opposite Wadia College, Sassoon Road, Pune-
411001 (Maharashtra).
6. Secretary to the Government of India, Department of
Expenditure, Ministry of Finance, North Block, New
Delhoi-110001.
......Respondents
By Advocate: Ms.Prayagmati Gupta.
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O R D E R (Oral)
By Hon'ble Mr. Justice Anil Kumar Ojha, Member-J Heard learned counsel for the applicant, Senior Standing Counsel for the respondents and perused the records.
The applicant has prayed for the following reliefs:-
"(a). To direct the Customs and Central Excise department Pune, CBEC, Ministry of Finance and Government of India to quash the Sanction Order Number 02/2006-07 dated 05th May, 2006 passed vide F.No.VIII (CUS)50-6/Adj.II/91/Pt.1 by Commissioner of Customs, Pune sanctioning the Final Reward to the applicant and other officers of the customs department, Pune in the Anjarle Savani Silver Case.
(b). To direct the customs department to calculate the adequate reward for the applicant from the value of the contraband goods seized based upon cogent reasons in accordance with law.
(c). To Direct the customs department to calculate the share of the applicant in the reward amount, keeping various factors in mind which may be based upon but not limited to factors like specificity and accuracy of the information, the nature of risk and trouble undertaken, the extent and nature of the help rendered by the informer, whether information gives clues of the persons involved in smuggling or their associates, the difficulty in securing the information, the risk involved for the Government servants in working out the case and whether apart from the seizure of contraband goods, the owners/organisers/financiers/racketeers have been apprehended.
(d). To Direct the Pune Customs and CBEC, Ministry of Finance to grant the applicant a reward amounting to Rupees 22 lack-45 lakh with retrospective effect from year 1991 along with appropriate interest thereon OR Rupees 90 lakh-1.8 crore in year 2006, with retrospective effect and appropriate interest.
(e). To Direct the Pune Customs and CBEC, Ministry of Finance to Recommend the applicant for Ashok Chakra for "Conspicuous act of bravery in peace time" and promotion to the rank of Superintendent with effect from year 1991 with all consequential benefits.
(f). To Award cost of litigation to the applicant.
(g). Any other appropriate relief to the applicant that the Hon'ble Tribunal may deem fit."Page 3 of 4
Learned counsel for the respondents raised a preliminary objection that this Tribunal has no jurisdiction in the matter.
From the perusal of the aforesaid reliefs, it is evident that the matter relates to the payment of some rewards amounting to Rs.22 to 45 lacs with retrospective effect from year 1991 along with appropriate interest to the paid from Pune Customs and CBEC/Ministry of Finance. It has also been prayed that a direction be issued to the Pune Customs and CBEC/Ministry of Finance to recommend the applicant for Ashok Chakra for "Conspicuous act of bravery in peace time" and promotion to the rank of Superintendent with effect from 01.09.1991 with all consequential benefits.
In Section-3 of the Administrative Tribunals Act, 1985 service matters have been defined, which are as follows: -
"3. Definitions -
(q) "service matters", in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation [or society] owned or controlled by the Government, as respects-
(i) remuneration (including allowances), pension and other retirement benefits;
(ii) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation;
(iii) leave of any kind;
(iv) disciplinary matters; or
(v) any other matter whatsoever;
Granting of reward or Ashok Chakra and promotion on account of some act of bravery is discretion of the concerned department/Government. Matter is not covered under Section- 3(q) hence, we are of the considered opinion that we have no jurisdiction in the matter to direct the department of Finance or CBEC to grant reward amounting to Rs.22 to 45 lacs along with Page 4 of 4 interest with retrospective effect w.e.f.1991 or grant of Ashok Chakra for "Conspicuous act of bravery in peace time" and promotion to the rank of Superintendent with effect from 01.09.1991 with all consequential benefits to the applicant.
In view of the above, we dismiss this OA in limine. No costs.
(Devendra Chaudhry) (Justice Anil Kumar Ojha)
Member (A) Member (J)
Ak/-