2021 (3) TMI 801

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... opposite parties no.1 and 2 and Mr. Dipak Seth, learned counsel appearing for opposite parties no.3 to 6. The instant writ petition has been filed seeking following relief: (i) Issue a writ, order or direction in the nature of Mandamus thereby directing the Union of India and Central Board of Indirect Taxes & Customs and GST Council to frame 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. (ii) Issue a writ, order or direction in the nature of Mandamus thereby directing the Union of India and Central Board of Indirect Taxes & Custom....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er submits that after coming into force of GST Act there is no provision to wear any Uniform for the Central Excise Inspectors. The opposite parties insist for wearing of the Uniform and Salute the Officers in Uniform. It is submitted that the Uniform is being misused for personal works. It is also submitted that the members of the petitioner's association who do not wear the Uniform are issued memos and disciplinary action are initiated against such persons including petitioner. In pith and substance, the submission of learned counsel for petitioner is that without there being any prescribed Uniform for the Central Excise Inspectors, the opposite parties cannot insist for wearing of Uniform and in case the Uniform is not worn by the m....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the members of the petitioner's association are paid additional allowances for wearing the Uniform and maintaining their Uniform. As per the own case of the petitioner as set out in paragraph 19 of the writ petition there is practice of wearing Khakhi Uniform by the officers of different wings of the department which was started sometime in the year 1938. However, there is no uniformity in these uniforms. As such, it cannot be said that the insistence of wearing Uniform by the members of the petitioner's association has been introduced recently in the department, without there being any order or direction. It appears that certain members of the petitioner's association were found guilty of insubordination and disobedience for....