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TMI Blog2013 (5) TMI 658X X X X Extracts X X X X X X X X Extracts X X X X ..... ayer 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. - MISC. BENCH No. - 12572 of 2011 - - - Dated:- 6-4-2013 - Uma Nath Singh And Dr. Satish Chandra,JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is to mention that for initiating disciplinary action against them, the procedure prescribed under the said Rules is required to be followed according to which the Disciplinary Authority (the jurisdictional Commissioner of Customs/Central Excise in this case), after considering the report of the CBI and after obtaining the first stage advice of the Chief Vigilance Officer of the CBEC, has to initiate appropriate disciplinary proceedings under the said rules. While initiating the proceedings, the officers are required to be informed of the grounds of alleged misconduct supported with all the requisite relied upon documents including the report of the CBI on the basis of which the decision to initiate the proceedings is proposed to be ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -2012, is one of the isolated instances for which, apart from initiating disciplinary action, it has been felt necessary to reiterate to the local staff the need for strict compliance with provisions of law and instructions on the subjects. The Commissioner of Customs (P) Lucknow was therefore, directed to issue a standing order to the officers to strictly follow the statutory provisions of the Customs Act, 1962, the Code of Criminal Procedure, 1973, guidelines/instructions issued by the department on matters from time to time to ensure that such lapses do not reoccur in future and that the investigating officers should keep their superiors informed of the action to be taken or contemplated in case of search, seizure, issue of summons etc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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