HC dismisses writ petition against move to shift CCO

Syllad | The Rising MeghalayaJuly 19, 2019

SHILLONG: The Meghalaya High Court has dismissed a writ petition against a decision to shift the office of the Chief Commissioner, Goods and Services Tax & Customs from Shillong to Guwahati. 

In its judgment passed here on Friday, the Court however directed the authority concerned to give option to the staff to opt for Guwahati or to be accommodated in other Central Excise and Customs office in Shillong to avoid any forced dislocation. 

 “With regard to the locus standi of the petitioners to challenge the shifting of the Chief Commissioner’s Office from Shillong to Guwahati, this aspect need not be considered in view of the discussions made herein above on other issues. However, with regard to dislocation of the petitioners and other staff working in the Chief Commissioner’s Office, on the basis of the submissions advanced by the respondents, it is directed that an option shall be given to the concerned staff to opt for Guwahati, or to be accommodated in other Central Excise and Customs Office in Shillong, to avoid any forced dislocation,” Justice HS Thangkhiew said in the judgment.

“For the foregoing reasons discussed above and the facts and circumstances of the case, there being no illegality or arbitrariness in the action of the respondents and the decisions arrived at being in pursuant to policy and in public interest, the writ petition being devoid of merit and is accordingly dismissed,” it said.

The writ petition was filed by one S. Osborne Kharjana and others.

The petitioners being aggrieved by the impugned notification No. 13/2017 Central Excise (N.T) dated 09.06.2017 and impugned Circular No. C. No. II (39) 04/ET/CCO/SH/2019, dated 20.02.2019 issued by the Joint Commissioner, Office of the Chief Commissioner, Goods and Services Tax & Customs, Guwahati Zone, Shillong directing for the shifting of the Chief Commissioner’s Office (CCO) from Shillong to Guwahati, have assailed the same by way of this instant writ petition. The pleaded case of the petitioners is that the notification and circular are in violation of the Central Excise Rules, 2002 and against the mandate prescribed therein, thus prejudicial to the petitioners, who are the employees of the said office, with many of whom are on the verge of superannuation.