Dr Sunder Rao Gude vs. The Union Of INDIA
Facts
The petitioner, Dr. Sunder Rao Gude, a Deputy Commissioner of Central Tax, filed a writ petition before the High Court of Telangana challenging an order dated 12-09-2016 passed by the Central Administrative Tribunal (CAT), Hyderabad Bench. The petitioner sought to quash the CAT's order, contending it violated Articles 14 and 16 of the Constitution of India. The writ petition was filed in 2018. On August 2, 2023, no one appeared on behalf of the petitioner, and the matter was listed for dismissal. On August 7, 2023, again, there was no representation from the petitioner.
Held
The High Court dismissed the writ petition for non-prosecution. The Court noted that on two consecutive hearing dates, August 2, 2023, and August 7, 2023, there was no appearance or representation on behalf of the petitioner. This led the Court to infer that the petitioner was not interested in pursuing the matter. Consequently, the writ petition was dismissed without costs. The Court did not delve into the merits of the case or the alleged violations of Articles 14 and 16 of the Constitution, as the dismissal was based solely on the petitioner's failure to prosecute the case. No specific findings were made on the issues raised by the petitioner regarding the CAT's order.
Key Issues
1. Whether the order dated 12-09-2016 passed by the Central Administrative Tribunal, Hyderabad Bench, is violative of Articles 14 and 16 of the Constitution of India. The petitioner argued that the CAT's order infringed upon his fundamental rights to equality and equal opportunity. The respondents, including the Union of India and various tax authorities, were represented by the Deputy Solicitor General of India. The judgment does not explicitly detail the arguments presented by the respondents or any specific legal provisions they relied upon, other than implicitly defending the CAT's order. The respondents' counsel appeared, but their specific arguments are not recorded in the provided text. No appearance was made by respondents 7 to 10.
AI-generated summary — verify with the full judgment below
\ [ 3387 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) MONDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION NO: 6625 OF 2018 Between: AND Dr. Sunder Rao Gude, S/o G.P.Rao, Aged 55 years, Occ. Deputy Commissioner, Central Tax, Musheerabad GST Division, Secunderabad GST Commission rate, Musheerabad, Hyderabad ...PETITIONER
The Union of lndia, Rep. by the Secretary, Govemment of lndia, Ministry of Finance, Department of Revenue, Central Board of Excise and Customs, North Block, New Delhi.
The Chairman, Central Board of Excise and Customs, (Now Goods and Service Tax), North Block, New Delhi-110 001. 3. The Chief Commissioner of Customs and Central Excise and Service Tax, (Now Goods and Service Tax), Hyderabad Zone, Basheerbagh, Hyderabad.
The Chief Commissioner of Central Excise, (Now Goods and Service Tax), Coimbatore Zone, 6/A, ATD Street, Race Course, Coimbatore-18. 5. The Secretary, Departmental of Personnel and Training, North Block, New Delhi.
The Union Public Service Commission, Rep. by its Secreta
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Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.