Union of India vs... - Who is UOI?
AS per Article 300 of the Constitution of India, the Government of India may sue or be sued by the name of the Union of India.
So, if the Government is the petitioner/appellant in a case, the first appellant should be shown as Union of India - similarly as respondent.
We see many cases like Commissioner of Central Excise vs…..
The CBEC has recently noticed that there is no uniformity and clarity in respect of the procedure to be adopted by the field formations in matters relating to representation of the cases before the High Court on behalf of Union of India (UOI) and the officers in the Ministry/ Board.
Accordingly, Board has issued instructions to streamline the process of filing the counter affidavit by the Commissioner in whose name such authorization has been issued.
Whether the jurisdictional Commissioner can further authorize any of his subordinates to represent the interests of UOI or officers in Ministry/ Board. |
Commissioner does not have the authority to authorize anybody else. Accordingly, Commissioner should himself sign the vakalatnama and counter affidavit in all such cases. |
Procedure for obtaining comments on policy issues from the policy wing or the concerned sections in the Ministry/ Board for drafting the counter. |
In case where the comments of policy wings or the concerned section in the Board/ Ministry are needed, the Commissioner in whose name the authorization is issued should obtain comments directly from the said section under intimation to legal section. On the basis of the comments so received from the policy sections in the Ministry/ Board, the Commissioner who is authorized, will vet and file the counter affidavit. |