The Chairman vs. Uday Singh Kushwaha
Held
The Court held that the present miscellaneous petition did not survive for adjudication on merits. This conclusion was based on the submission by the learned counsel for the Union of India (petitioner) that the issue involved was no longer res integra. The counsel referred to a prior decision of a coordinate bench of the same High Court in Union of India & Ors. Vs. Shri R.K. Vidyarthi & Ors., dated 30.04.2020, where a similar challenge had been repelled on merits. Furthermore, it was informed that a review petition filed against the R.K. Vidyarthi judgment had also been dismissed by a coordinate bench on 10.12.2021. In light of these developments, the Court found that nothing further remained to be decided in the present petition. The petition was consequently dismissed in view of the aforesaid decisions. The ratio decidendi is that if a similar issue has been decided on merits by a coordinate bench and the review petition against that decision has also been dismissed, a subsequent identical petition will also be dismissed.
Facts
This miscellaneous petition was filed by the Union of India and its officers challenging an unspecified order or action. The respondents are Superintendents in the CGST, Indore. The petitioner's counsel conceded that the issue involved was no longer res integra, citing a coordinate bench's decision in Union of India & Ors. Vs. Shri R.K. Vidyarthi & Ors. (dated 30.04.2020) which had repelled a similar challenge on merits. It was further informed that a review petition against the R.K. Vidyarthi judgment had also been dismissed on 10.12.2021. Consequently, the petitioner's counsel submitted that nothing survived in the present petition.
Key Issues
1. Whether the present miscellaneous petition survives for adjudication on merits, given the prior decision of a coordinate bench of this Court in Union of India & Ors. Vs. Shri R.K. Vidyarthi & Ors. (dated 30.04.2020) and the subsequent dismissal of the review petition against it. Contentions: Petitioner (Union of India): The learned counsel for the petitioner fairly submitted that the issue involved was no longer res integra in view of the coordinate bench's decision in R.K. Vidyarthi & Ors. and the dismissal of the review petition. Therefore, nothing survived in the present petition. Respondents: No specific arguments were recorded for the respondents, but the petitioner's concession effectively addressed the core of any potential dispute.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SHEEL NAGU & HON'BLE SHRI JUSTICE MANINDER S BHATTI ON THE 22nd OF MARCH, 2022 MISC. PETITION No. 4305 of 2021 Between:-
THE CHAIRMAN CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS PREVIOUSLY KNOWN AS CENTRAL BOARD OF EXCISE AND CUSTOMS NORTH BLOCK (DELHI)
CHIEF COMMISSIONER CGST CENTRAL EXCISE AND CUSTOMS 35-G ADMINISTRATIVE AREA ARERA HILLS NEW GST BHAWAN MOTHER TERESA ROAD BHOPAL (MADHYA PRADESH)
PRINCIPAL COMMISSIONER CGST AND CENTRAL EXCISE MANIKBAGH PALACE INDORE (MADHYA PRADESH)
PRINCIPAL COMMISSIONER (AUDIT) CGST AUDIT MANIKBAGH PALACE INDORE (MADHYA PRADESH) .....PETITIONER (BY SHRI HIMANSHU SHRIVASTAVA) AND 1. UDAY SINGH KUSHWAHA S/O LATE SHRI GOVIND SINGH KUSHWAHA , AGED ABOUT 59 YEARS, OCCUPATION: WORKING AS SUPERINTENDENT, CGST INDORE R/O. A-234, GREATER BRAJESHWARI, PIPLIYANA (MADHYA PRADESH)
RAJESH MISHRA S/O LATE R.P.MISHRA OCCUPATION: SUPERINTENDENT CGST R/O B.J.VIHAR BEHIND S.B.I. PRAKASH NAGAR NEAR SHIV MOTI NAGAR (MADHYA PRADESH)
RAVI SHANKAR S/O LATE SHRI B.P.SINHA OCCUPATION: SUPERINTENDENT CGST INDORE R/O H.NO.69, SECTOR A SHRIYANTRA NAGAR KHANDWA R
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