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Kushmesh Sharma v. State Of U.P. & Others - WRIT TAX No. 1571 of 2005 [2006] RD-AH 554 (9 January 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Court No. 10.

Civil Misc. Writ Petition No.1571 (Tax) of 2005.

Kushmesh Sharma


State of U.P. and others.

connected with

Civil Misc. Writ Petition No. 1600(Tax) of 2005.



State of U.P. and others.


Civil Misc. Writ Petition No. 1606(Tax) of 2005.

Rajendra Kumar


State of U.P. and others.


Civil Misc. Writ Petition No. 1607(Tax) of 2005.

Ashok Kumar Gupta


State of U.P. and others.

Hon'ble A.K.Yog,J.

Hon'ble Prakash Krishna,J.

Sri S.P. Kesarwani, learned counsel representing the respondents submitted that Sri Ganga Deen, Excise  Commissioner has submitted Enquiry report dated 9.1.2006.  The report reflects, though not directly, that a lot of bungalling is going on in the office of Excise Department.  

It is a matter of concern that in spite of serious charges, as is  evident from the above referred report of the Excise Commissioner, things have not moved with desired speed. The Court appreciates the legal niceties but fails to approve of the time unduly consumed.  

It is not disclosed as to whether enquiry initiated against Shri A.K. Singh on the basis of the charge sheet dated 1-4-2003 has been finalised,  if not, why it is not finalised and in that case at what is the stage.  

In the report it is stated that charge sheet sent against another erring official, Sri Satish Chandra Singh, has been sent to the  Government vide Excise Commissioner's letter No. G-202 Dated 6-1-2006 for requisite approval.

We direct the State Government to pass necessary orders as may be warranted in law, in the matter of Sri Satish Chandra Singh within one week of receipt of this order.  Excise Commissioner shall ensure communication of this order to the concerned authority in the State Government within three  days.

During this period all the respondents are hereby mandated to take up the matter seriously showing that enquiry is being initiated and conducted in the desired spirit and erring officials, if any, booked and suitably punished.  Allowing  an employee under suspension for unduly long time means spending money from public exchequer on a Government Servant/employee who is not working.  Long suspension cannot be appreciated as it is also at on the cost of public fund.  

We hereby direct that let enquiry be completed within four months from today against erring official/s and necessary action taken.

It shall be personal responsibility of the Excise Commissioner to ensure that enquiry is processed with due care, caution and no delay is caused.

As far as liability to pay interest is concerned it is argued on behalf of the Department that  security is interest free.  

Be that as it may,  withholding security amount beyond 'reasonable period'; namely a month or two , cannot be approved.  Respondents cannot escape their responsibility to pay interest for deliberate or avoidable delay.

In view of the above, we direct the concerned authority (including Treasury Officer, Fatehpur) to pay interest at the rate of 12% simple interest  on the  security amount in question.  Interest shall be computed w.e.f. July 1, 2002 to the date of actual payment.  Interest amount be paid within two months of the receipt of the certified copy of this order.

List immediately on expiry of four  months.

Personal  appearance of the Excise Commissioner is dispensed with at this  stage.




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