Zubair Idrees Dadi vs. Addl. Commissioner (Preventive) , Cgst
(Gujarat High Court, Gujrat)

Case Law
Petitioner / Applicant
Zubair Idrees Dadi
Respondent
Addl. Commissioner (Preventive) , Cgst
Court
Gujarat High Court
State
Gujrat
Date
Feb 24, 2022
Order No.
R/SPECIAL CIVIL APPLICATION NO. 6142 of 2021
TR Citation
2022 (2) TR 5436
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs:

“A. To admit and allow this special civil application.

B. To issue a writ of mandamus or any other appropriate writ that this Hon’ble Court may deem fit directing the respondent authorities to conclude the investigation / inquiry under the complaint dated 31.08.2020 which is at Annexure A preferred by the present petitioner in a time bound manner and provide a copy of the said inquiry report.

C. To pass any other and further orders as may be deemed fit and proper in the interest of justice.”

2. Pursuant to our oral request, Mr. Utkarsh Sharma, the learned A.G.P. has been able to obtain the necessary instructions in the matter. Mr. Sharma submitted that as on date, there is one criminal investigation going on as regards the subject matter of this litigation pursuant to the First Information Report registered with the Godhra Town B Division Police Station vide C.R. No.II-155 of 2019 for the offences punishable under Sections 8(c), 21(c) and 25 of the Narcotics Drugs and Psychotropic Substances Act, 1985 and at the same time, a departmental inquiry has also been initiated and is in progress. It appears from the materials on record that the writ applicant herein has been arraigned as an accused in the F.I.R. referred to above. He was ordered to be released on anticipatory bail by this High Court vide the order dated 30th June 2021 passed in the Criminal Miscellaneous Application No.19213 of 2020.

3. Prima facie, it appears that it is the case of the writ applicant that he has been wrongly roped into the present litigation. In this regard, he has also addressed a representation to the Commissioner, CGST, Vadodara dated 31st August 2020 [Annexure : A to this writ application].

4. The writ applicant is here before this Court with a prayer that the Commissioner, CGST, Vadodara should look into the representation / complaint lodged by him referred to above, undertake an inquiry and complete the same at the earliest in accordance with law. Mr. Sharma would submit upon instructions that the inquiry shall be completed within a period of three months from today and in the course of the inquiry, the complaint lodged by the writ applicant will also be looked into in accordance with law.

5. We dispose of this writ application directing the Commissioner, CGST, Vadodara to look into the complaint lodged by the writ applicant dated 31st August 2020 and complete the inquiry within a period of three months from today. We clarify that we have otherwise not expressed any opinion on the merits of the case. Direct service is permitted.

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