‘Dual Role’ in Uttarakhand’s Excise raises questions

The Uttarakhand government's choice to name the same official as the Excise Commissioner and Excise Secretary has drawn criticism from the Uttarakhand High Court. It questioned the state government's justification for this choice as well.

The HC has questioned why the government gave the Excise Commissioner the position of Excise Secretary despite the Uttarakhand Excise Act's explicit provision of permitting it to review orders made by the Excise Commissioner.

Notably, both the Excise Commissioner and Excise Secretary hold judicial powers as per the Uttarakhand’s Excise Act. The court has directed the government to respond in this matter by 19th September 2023.

When Avnish Chhetri, a wine shop owner, filed a lawsuit, the court brought up the issue. Earlier, Chhetri had asked the excise division to move his wine store. Chhetri sought the HC when the Excise Commissioner issued an order rejecting his request.

In response, the court instructed Chhetri to write to the state government and request that the Excise Commissioner's judgement be reviewed. Then Chhetri informed the court that the Excise Commissioner is also in charge of the Excise Secretary's office. He also voiced worry about getting treated fairly.