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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 ..... Sri Sunil Tandon, both Superintendent and Sri Pawan Kumar Rastogi, Inspector appear to have conducted in a manner which was not proper during the course of inquiry in question. However in order to maintain neutrality in the ongoing inquiry and in the light of orders passed by this hon'ble court both the inquiry officers namely Sri Arvind Kumar, Superintendent and Sri Sunil Tandon, Superintendent were immediately withdrawn from the inquiry of the subject seizure case No.5/2001 with immediate effect vide orders dated 21-12-2011 and subsequently they have also been transferred from the Preventive Branch of Commissionerate office, Lucknow vide orders dated 17-1-2012. Shri Pawan Kumar Rastogi Inspector has already been transferred to central ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd after obtaining the Chief Vigilance Officer's second stage advice punishment as prescribed under Rule 11 of CCS (CCA) Rule may be imposed upon those against whom charges are proved. It may take about six (6) months to conclude the entire proceedings. Accordingly, Hon'ble Court may be pleased to permit the department to proceed with the disciplinary proceedings against the subject officers in accordance with the relevant Rules on the subject by the Disciplinary Authority and necessary action taken under the CCS (CCA) Rules against them and the Hon'ble Court may be further pleased to direct the CBI to provide its final report with charge sheet and all its enclosures to the Disciplinary Authority of the department so that imputation of cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1965." 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. As far as the question of permission to use C.B.I. Report in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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