Regarding disputes between CBEC and USUs - Clearance by the Committee on
Disputes
Circular
No. 409
dated 14th July 1998
As
you are aware, in pursuance of the Supreme Court's decision for reducing
litigation between one Govt. Department and another, a Committee on Disputes was
created in the Cabinet Sectt. to examine the disputes and give clearance or
otherwise to pursue the litigation. Accordingly, Board started receiving a
number of proposals from different Commissionerates. In this connection please
refer to Board's Circular No. 329/45/97-CX dated 14.8.97 (enclosed) .
2.
However, in the recent past, the Board has noticed that such proposals
are sent to Board only after the Commissionerates appeals were dismissed by the
CEGAT as no clearance were obtained from the COD to pursue the dispute. This
results in unnecessary delay in pursuing the matter in the CEGAT etc. Therefore,
it is reiterated that in all such cases where the Department has filed appeals
in CEGAT etc. immediate action may be taken to obtain the clearance from the
CODs. In this connection it may be ensured that a self-contained proposal may be
sent in/ each case to the Board alongwith the following documents:
1.
20 copies of 'Brief' in the prescribed format (copy enclosed)
2.
Four copies of Order in Appeal
3.
Four copies of Order in Original
4.
A copy of Memorandum of Appeal filed/ to be filed in CEGAT
5.
Copies of other relevant documents.
The
above instructions may please be followed strictly.
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