2013 (5) TMI 658 - HC - Customs

Misconduct of enquiry officers - Held that - As the Chairman himself has taken initiative to proceed on administrative side by instituting departmental inquiry under CCS (CCA) Rules, 1965, against the Custom Officers and that this is the first act of alleged misconduct bordering the act of criminal offence on the part of custom officers present before us. Besides, the Chairman has already issued necessary instructions against the repetition of such acts of harassment as alleged and the petitioners have also participated in the pending proceedings without any further complaint. Thus, it would be appropriate to accept the prayer on behalf of Chairman, Central Board of Excise and Customs for final disposal of the case. Permission to use C.B.I. Report in the departmental proceeding to be conducted by the Custom Department is concerned - Held that - Looking to secrecy required to be maintained in the interest of protection of witnesses,decline to accept the request. Thus, the Chairman shall proceed against the Officers independently on the basis of affidavit given before this Court without any reference to the extracts of the C.B.I. Report. Also direct the petitioner to participate in further proceedings under the Customs Act, if not already concluded.

Summary

Issues:
1. Disciplinary action against custom officers based on CBI inquiry report.
2. Use of CBI report in departmental proceedings.
3. Compliance with statutory provisions by custom officers.

Disciplinary Action Against Custom Officers:
The judgment involves the consideration of initiating disciplinary action against custom officers based on a CBI inquiry report. The affidavit of the Chairman of the Central Board of Excise and Customs highlighted the alleged misconduct by certain officers during an inquiry. The court acknowledged the need for disciplinary action and emphasized following the prescribed procedure under the CCS (CCA) Rules, 1965. The court directed the Disciplinary Authority to initiate appropriate proceedings, ensuring natural justice by informing the officers of alleged misconduct and providing necessary documents. The judgment emphasized the importance of fair play and completion of the inquiry within a reasonable timeframe.

Use of CBI Report in Departmental Proceedings:
The judgment addressed the issue of using the CBI report in departmental proceedings. The court declined the request to use the CBI report, citing the need to maintain witness protection and secrecy. Consequently, the Chairman was instructed to proceed independently against the officers based on the affidavit submitted in court. The judgment emphasized the importance of conducting proceedings under the Customs Act and directed the petitioner to participate in further proceedings if not already concluded.

Compliance with Statutory Provisions by Custom Officers:
The judgment highlighted the importance of compliance with statutory provisions by custom officers. Following the isolated instance of alleged misconduct, the Commissioner of Customs was directed to issue standing orders emphasizing strict compliance with the Customs Act, the Code of Criminal Procedure, and departmental guidelines. The court stressed the need for officers to inform their superiors of actions taken during investigations to ensure adherence to statutory provisions and departmental instructions, preventing future lapses.

In conclusion, the judgment focused on initiating disciplinary action against custom officers, addressing the use of the CBI report in proceedings, and emphasizing compliance with statutory provisions by custom officers to maintain integrity and adherence to the law.