Summary dismissal by Supreme Court – what is the effect?
While issuing the draft circular mentioned above, Board states, Mere rejection by Hon’ble Supreme Court would mean that the Apex Court refused to exercise its jurisdiction and therefore could not by itself be considered as the decision of the Apex Court on merit on the correctness of the decision sought to be appealed against. The short order passed by the Hon’ble Supreme Court in the matter of CCE Chennai –III vs. Greaves Ltd. cannot be treated as a declaration of law by the Hon’ble Supreme Court.
Board does not mind if their Commissioners and other officers do not pass speaking orders, but Board is not prepared to spare the Apex Court if it does not pass speaking orders. So Board does not consider the short order of the Supreme Court as declaration of law. But who gave the Board the power to declare that Supreme Court’s order is not law? Does it not border on contempt? Generally the all-knowing bureaucrat has only contempt for the judiciary, but most of them are wise enough to refrain from expressing the contempt publicly.
In the famous KUNHAYAMMED case - , the Supreme Court had laid down the law that once an appeal is dismissed with or without reasons, merger results and law is declared - It is no longer permissible to move the High Court by review and no court, tribunal or authority can express any opinion contrary to the view taken by Supreme Court.
So dismissal of an appeal by a short summary order is good enough law and the Board certainly cannot subvert the Supreme Court order by a circular.