S C GUPTA vs UNION OF INDIA AND ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 08.04.2025 % Judgment delivered on: 05.05.2025 + W.P.(C) 4462/2025 & CM APPL. 20619/2025 S C GUPTA ..... Petitioner Through: Mr. Manish Raghav and Mr. Shivaansh Dixit, Advocates. versus UNION OF INDIA AND ANR ..... Respondent Through: Mr. Chetan Sharma, ASG with Mr. Rakesh Kumar, CGSC, Mr. Amit Gupta, Mr. Saurabh Tripathi, Mr. Shubham Sharma and Ms. Urja Pandey, Advocates for UOI. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT DEVENDRA KUMAR UPADHYAYA, C.J. 1. By instituting these proceedings under Article 226 of the Constitution of India, the petitioner seeks a prayer for declaring Clause 3.3 of the Guidelines for Grant of Reward to Informers and Government Servants, W.P.(C.) No.4462/2025 Page 1 of 21 Signature Not Verified Digiltally Signed By:SREERAM L Signing Date:05.05.2025 11:25:02 2015 (hereinafter referred to as the Guidelines) as unconstitutional and ultra vires in violation of Articles 14 and 21 of the Constitution of India to the extent it provides for determination of rewards for informers. 2. The impugned clause of the Guidelines has been challenged primarily on the alleged ground that the same is arbitrary, unguided, unreviewable and discriminatory in nature. FACTS:- 3. The facts necessary and relevant for appropriate adjudication of the issue raised in this petition which can be gathered from the pleadings available on the record, are as under: 3.1. The Central Board of Excise and Customs (Anti-Smuggling Unit), Department of Revenue, Ministry of Finance, Government of India has issued revised guidelines vide its circular dated 31.07.2015 which are known as “Grant of reward to informers and Government Servants - Review of Policy, Procedure and issue of revis