2021 (3) TMI 801 - HC - Indian Laws

Court dismisses petition for uniform rules in Central GST, Excise, Customs officials. Petition deemed vague and misconceived.

The court dismissed the petition seeking directions for framing rules and guidelines regarding uniforms and related practices for officials in Central ... Requirement of Prescribed Uniform for the Central Excise Inspectors - seeking framing of Rules and Guidelines regarding wearing of Prescribed Uniform for all officials top to bottom while working and posted in Central GST, Central Excise, Land Custom Stations and Other Customs formations which are being managed by officers of Central Excise - HELD THAT:- It appears that certain members of the petitioner's association were found guilty of insubordination and disobedience for not paying honour and respect to the National Flag and certain disciplinary proceedings were initiated against them. The petitioner's association has filed the instant writ petition on behalf of those persons. We cannot appreciate the manner in which, the instant writ petition has been filed, particularly, when the disciplinary proceedings were initiated against the General Secretary of the petitioner's association and he has himself challenged the same before the Central Administrative Tribunal where the case is pending. The writ petition appears to have been filed with ulterior motive to put undue pressure on the authorities, which cannot be appreciated. It is also to be noted that this writ petition has been registered as a Public Interest Litigation, however, the learned counsel for petitioner submits that he has not filed it as Public Interest Litigation and it has been filed in individual capacity on behalf of petitioner's association. Petition dismissed. Issues:1. Petition seeking directions for framing rules and guidelines regarding wearing prescribed uniform for officials in Central GST, Central Excise, and Customs.2. Petition seeking directions for framing rules and guidelines regarding guard of honour, salute, and inspection of parade for officials in Central GST, Central Excise, and Customs.3. Petition seeking withdrawal of memos, vigilance inquiries, and disciplinary actions against executive staff for not wearing uniforms.4. Petition seeking closure of cases and vigilance inquiries against staff for not wearing uniforms.5. Petition seeking to prevent harassment and victimization of officials/staff for not wearing uniforms.6. Any other just and proper direction deemed fit by the court.7. Cost in favor of the petitioner.Analysis:1. The petitioner argued that post-GST Act, there is no provision for Central Excise Inspectors to wear uniforms. The petitioner's association members faced disciplinary actions for not wearing uniforms, which they claim are being misused for personal purposes. They sought relief from the court to direct the authorities to frame rules and guidelines regarding uniforms and related practices.2. The respondent's counsel contended that wearing uniforms by Central Excise Inspectors has been a long-standing practice, and there is no ban on uniforms. Members of the petitioner's association are paid allowances for uniforms. The respondent argued that the insistence on uniforms and related practices is not new and has been in force for a significant period.3. The court noted that the petition was filed by an individual on behalf of the All India Central Excise Inspector Association. The respondent highlighted that disciplinary actions were initiated against the General Secretary of the association for insubordination. The court found the petition vague and lacking specific challenges to any particular order or memorandum.4. The court observed that the petition was registered as a Public Interest Litigation, although the petitioner claimed it was filed in an individual capacity. The court dismissed the petition, finding it misconceived and lacking grounds for intervention under Article 226 of the Constitution of India.In conclusion, the court dismissed the petition, citing lack of specific challenges, vagueness in prayers, and the individual nature of the disciplinary actions being pursued separately. The court found no basis for granting relief under the circumstances presented in the case.