Tone up adjudication – CAG is watching – Board
The CAG has recommended that the Government may consider prescribing an appropriate time limit for adjudication of cases under the Customs Act relating to search/seizures. The Board has accepted this recommendation of the C&AG.
Now the Board has fixed a time limit for adjudication of cases involving seizure. The limits are for adjudication by
1. Commissioner/Additional Commissioner/Joint Commissioner- one year
2. Assistant Commissioner/Deputy Commissioner - six months
3. A Gazetted Officer of Customs lower in rank than an Assistant Commissioner of Customs - three months
Why the different limits for different officers and why should senior officers require more time than junior ones? And what are the cases adjudicated by a Gazetted Officer of Customs lower in rank than an Assistant Commissioner of Customs?
It was way back in 1980, that Board first issued instructions about prompt adjudication orders, but officers have their own priorities and those officers having good assistants who can put up good draft orders will naturally pass orders within a reasonable time after the draft order is put up. When two officers meet informally and discuss about their adjudication pendency, what they generally compare is the competence of their adjudication section staff.
In any case, Board knows that instructions will not be followed; so they have given an escape route. If you cannot complete the adjudication within the time stipulated, inform your boss!
And does any one really monitor as to the age of the Show Cause Notice?
While at this, why can’t the Board ask the adjudication authorities to pass orders immediately after the hearing? When Tribunals and Supreme Court can pass orders immediately after hearing the case, what prevents the adjudicating authorities from deciding and pronouncing their orders immediately? All this secrecy about orders should go. That will also reduce corruption.
We should take adjudication out of the secret chambers into the open court rooms. Let there be a court room in every office and let there be a fixed time for hearing, which should be open to the public and orders pronounced in the open court.
Today, adjudication hearings are a sham; proceedings are often interrupted by phone calls and especially the calls coming from bosses upsets the officer and he is in a hurry to finish the formality of hearing and attend to the boss’s work.
With or without CAG’s prodding, Board should do something about this and may be adjudication should also be done by a committee of two officers, which would certainly improve the quality.
CIRCULAR NO. , Dated: January 10, 2007