Transfer of DGGI Summon Proceedings from Delhi to Kolkata

[GAURAV SHARMA]

DGGI, Delhi has started an investigation for a client of mine registered in Siliguri (West Bengal).

Case pertains to Job Work for State Government converting wheat into Flour.

Client is ill and 70+ and cannot travel to Delhi.

As DGGI has it’s office in Siliguri & Kolkata, can’t we ask them to transfer the investigation from SIO, Delhi to SIO, Siliguri/Kolkata.

A High Court lawyer suggested about a Kolkata High Court ruling on the same subject matter i.e. High Court allowed transfer of case, but I am not getting the Ruling.

Kindly share your views on:-

1) Can we request for the shift from Delhi to Kolkata?

2) Can you share the High Court Ruling?

TIA

[KASTURI SETHI]

SH. GAURAV SHARMA JI,

Query-wise reply is as under :-

1. Yes but in exceptional circumstances.

2. You can take help from this case law.

2020 (11) TMI 269 - TELANGANA HIGH COURT AGARWAL FOUNDRIES PVT. LTD. Versus UNION OF INDIA

[GAURAV SHARMA]

Thank you Kasturi Sir for the wonderful insights.

[Rakesh Chitkara]

Try internally. Request DGGI (Hqrs).They may after a few reminders. Courts tend to take a narrow lealistic view.

[KASTURI SETHI]

Yes, Sir. Humble internal request to the DGGI (Hqra.) should be preferred to the efforts through Courts. For such purpose, courts should be the last resort.

[KASTURI SETHI]

Humanitarian ground is stronger than any case law. I am hopeful.

[KASTURI SETHI]

After all the querist's client is not asking for the moon.

AI Summary

Transfer of investigation venue: seek internal DGGI headquarters relocation on humanitarian grounds; litigation only as last resort.
Transfer of DGGI summons can be requested on exceptional or humanitarian grounds by making an internal administrative application to DGGI (Headquarters or a nearer regional office) to shift proceedings; courts should be approached only after internal remedies are exhausted and may scrutinise transfer requests narrowly. A reported High Court decision exists as persuasive precedent.