A. K. NIJHAWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this common order, we shall dispose of all the five writ petitions referred above, which involve identical questions of fact and law.

(2.) THE petitioners are officers of the Customs Department. Show-cause notices were issued to the petitioners by the Directorate of Revenue Intelligence, requiring them to show cause as to why penal action under the provisions of Customs Act, 1962 be not taken against them. Vide Order - in - Original No. 04/GS/CC/DRI/NCH/2007 dated 12.3.2007, Shri Gurbans Singh, Commissioner of Central Excise(Adjudication), decided not to impose penalty on Shri A.K.Nijhawan, petitioner in WP.(C).1676/2010 and Shri K.K.Vohra, petitioner in WP(C).1678/2010. Vide Order - in - Original No. 12/GS/CC/DRI /NCH/06 dated 22.12.2006, Shri Gurbans Singh decided not to impose penalty on Shri B.B.Goel, petitioner in WP.(C).1688/2010. Vide Order - in - Original No. 11/GS/CC/DRI/ NCH/ 06 dated 22.12.2006, which pertains to WP.(C).1697/2010, Shri Gurbans Singh, decided not to impose penalty on Shri K.K.Vohra. Vide Order - in - Original No. 10/GS/CC/DRI/NCH/06 dated 22.12.2006, which pertains to WP.(C).1679/2010, he decided not to impose penalty on Shri K.K.Vohra.

(3.) THE Tribunal vide Order dated 18.6.2009, remanded all the appeals filed by the Department against Customs Officers to the Adjudicating Authority for de novo proceedings, after noticing that none of the respondents was present. In the order passed by the Tribunal, the exporters were shown as respondents. None of the Customs Officers was shown as a respondent in the order passed by the Tribunal.