2019 (4) TMI 246

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....petitioner was transferred to a different place and prior to his transfer, he has prepared the parawise remarks. 2. During the course of hearing, the co-ordinate bench noticed that the issue had already been dealt with by the CESTAT and was pleased to set aside the findings rendered by the petitioner in OIA Nos.165-177/2016 dated 1.2.2016 and for the subsequent period involving the same set of facts, the petitioner is said to have adopted the same reasoning which, earlier had been disapproved by the Tribunal (CESTAT) and that even after having examined the order of the Tribunal, he did not find any reason to apply his mind and to follow the said order while passing the order in original. It was also brought to the notice of this Court that....

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.... of his personal funds and failure to deposit the same within one month as stipulated in the order, the Ministry of Revenue was directed to take needful discipline action against the said officer. 6. The petitioner has preferred this Writ petition being aggrieved by the portion of the direction in so far as imposing costs and in the event of failure to initiate disciplinary action. 7. Heard the learned counsel for the petitioner and the learned counsel for the respondents - Department and private respondents. 8. Today, the learned counsel for the petitioner filed into court an affidavit of the petitioner. The same is taken on record. It is contended by the learned counsel for the petitioner that the petitioner was wholly unaware of the p....

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....icitor General, after the endorsement 'please put up', is made the file may or may not be approved by the department concerned and it is clear that the said notations are not approval of the contents of the representation and in our view, no other meaning could be taken. The observations/strictures made and the inference drawn by the High Court from the notation 'please put up' made by the Chief Minister are not warranted and are required to be expunged as rightly contended by learned senior counsel for the State of Maharashtra. The High Court has, in our view, erred in holding that by making a notation 'please put up' the applicants had blessings of the then Chief Minister. In our opinion, the civil appeal at the instance of the St....