Warrants against Chandigarh CGST official

Ramkrishan Upadhyay

Chandigarh, March 30

Chandigarh Bench of the Central Administrative Tribunal has issued bailable warrants against the Principal Chief Commissioner of Central Excise and Goods and Service Tax (GST) (Cadre Controlling Authority), GST Commissionerate, Chandigarh.

The Bench, comprising members Rakesh Kumar Gupta and Suresh Kumar Monga, issued the bailable warrants after a contempt notice issued by the tribunal was received back with the remarks of the postal authorities that the Respondent No. 3 (Principal Chief Commissioner of Central Excise and

Goods and Service Tax (GST) (Cadre Controlling Authority), GST Commissionerate, Chandigarh) has refused to accept it. “In these circumstances, we are left with no other option but to issue bailable warrants against Respondent Number 3 for April 8, 2022. The Senior Superintendent of Police, Chandigarh, is directed to ensure the execution of warrants,” says the Bench in the order.

Mahender Singh, Superintendent in the office of Assistant Commissioner, Chandigarh International Airport, Mohali, has filed a contempt petition alleging that the respondent is wilfully disobeying CAT’s order pronounced on June 10, 2021, on his application.

On the petition, CAT issued the notice on February 28, 2022, to Respondent Number 3 to show cause as to why the contempt proceedings be not initiated against her.

In the order dated June 10, 2021, CAT directed the respondents to ensure that the claim of the applicant for grant of non-functional grade of pay is also considered in the light of the unambiguous pronouncements made by the Benches of this Tribunal drawing strength from the order of the Madras High Court. ”While deciding the matter, it is expected that the authorities would adhere to the principles of equity and fairness and bear in mind that similar benefit has already been extended to the other employees who chose to adopt legal recourse. The respondents are further directed to take this decision within a period of two months from the date of receipt of a certified copy of this order. We expect the respondents to take a decision on extending similar benefits, if otherwise eligible, to other identically placed employees also in the light of the judgments/orders quoted in this order, without pushing them into litigation.” says the order.

Mehender Singh has sought the grant of non-functional grade of pay (NFG).