HYDERABAD: A division bench of the Hyderabad High Court has imposed a fine of Rs 10,000 to Under Secretary (Revenue), Ministry of Finance, New Delhi, for not obeying court orders in filing counter affidavit in a writ petition. While giving another opportunity to the official, the Court has warned of issuing bailable warrant against him if he fails to file counter by Nov 17.
The bench comprising Acting Chief Justice Dilip B Bhosale and Justice S V Bhatt was passing these orders recently in a writ petition by Hindustan Aeronautics Limited of the city challenging the orders of levying tax on the stock transfers effected to its Nasik division.
The petitioner company sought the Court to declare the impugned orders of the Commercial taxes department for the year 2010-11 levying tax on stock transfers effected to its Nasik division as sale, as illegal.
On earlier occasion, the bench has directed the respondent official (Under Secretary (Revenue), ministry of finance to file counter affidavit in the case.
When the matter came up for hearing again, the bench noticed about its earlier order to the respondent authority. However, the bench granted another opportunity for filing counter following a request by the assistant solicitor general. The bench warned of imposing Rs 10,000 as fine if no counter was filed by next date of hearing . When the case came up for hearing on Oct 13, the ASG told the bench that the counter affidavit was not ready.
Expressing displeasure at the negligence of officials to the court orders, the bench decided to impose Rs 10,000 fine on the official. Posting the matter to Nov 17, the bench warned of issuing bailable warrant against him.