Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
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The article addresses challenges to a CBIC circular mandating e-auction of uncleared goods through a public sector undertaking and the interplay with fundamental rights and administrative law. It applies the principle that freedom to carry on trade is subject to reasonable restrictions; finding such circulars may be constitutionally valid if they serve economic and public interest, and that loss of private opportunity does not equate to public-interest injury. It treats administrative circulars as not required to contain detailed reasons but permits issuance reasons to be placed in counter-affidavits for court scrutiny to dispel arbitrariness, and upholds canalisation of functions to a PSU as permissible.
The article addresses challenges to a CBIC circular mandating e-auction of uncleared goods through a public sector undertaking and the interplay with fundamental rights and administrative law. It applies the principle that freedom to carry on trade is subject to reasonable restrictions; finding such circulars may be constitutionally valid if they serve economic and public interest, and that loss of private opportunity does not equate to public-interest injury. It treats administrative circulars as not required to contain detailed reasons but permits issuance reasons to be placed in counter-affidavits for court scrutiny to dispel arbitrariness, and upholds canalisation of functions to a PSU as permissible.
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