2003 (11) TMI 99

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.... part of the department concerned. It is settled position of the law that negligence on part of the State may be due to failure to discharge constitutional obligation or simple statutory one. The power of this Court is there to grant appropriate relief without asking the litigants to go to the Civil Court but not in all cases, but in the cases where there is no dispute as regard facts, invoking of writ jurisdiction is not inappropriate. Here the fact is required to be narrated in brief. By the first authority the petitioner was asked to pay penalty and the other duty which he did. Thereafter he took up this matter in appeal to the CEGAT. Ultimately the CEGAT vide its order dated 21st June, 2001 set aside the order and allowed the refund of ....

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.... the department for effecting final refund. The Government cannot act so promptly or diligently as a private individual does. The argument of Mr. Banerjee is apparently convincing, however, in the affidavit-in-opposition nothing has been said nor has been explained as to why so much of time was taken. It is not explained either in the affidavit as to any departmental procedure is to be adhered to for release of the amount. 3. Therefore, I am unable to accept the argument of Mr. Banerjee in absence of these particulars and explanation in the affidavit that there were reasons for delayed refund of the amount. 4. In my view, the time taken for refund of the money in terms of the CEGAT's order is unreasonable. CEGAT's order was pa....