COMMISSIONR OF CENTRAL EXCISE Vs. INDORAMA TEXTILES LTD

JUDGEMENT

(1.) HEARD Shri A. B. Chaudhari, the learned Assistant solicitor General for the petitioners, and Shri M. G. Bhangde, the learned Senior counsel for respondent No. 1.

(2.) THE present writ petition is filed against the order dated 22-8-2005 passed by respondent No. 2 - The Joint Secretary, Government of India, Ministry of Finance (Department of Revenue ).

(3.) SHRI M. G. Bhangde, the learned counsel for respondent No. 1, raised a preliminary objection about the maintainability of the present writ petition on the ground that the order is passed by the Central Government and, therefore, the central Government is bound by the said order and cannot challenge its own order by filing the writ petition. Similarly, the petitioners being the subordinate officers of the Central Government, are not legally entitled to challenge the order passed by the Central Government and, therefore, the writ petition itself is not maintainable and the same should be dismissed on this preliminary issue alone. In order to substantiate these contentions, reliance is placed on the decision of the apex Court in the case of State of Orissa vs. Union of India and another, reported in 7995 Supp (2) SCC 154, as well as the decision of this Court in the case of Hindustan Distilleries vs. State of Maharashtra, reported in 1999 (1)Mh,l. J. 704.