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TMI Blog2014 (1) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... hing the penalty which had been imposed upon the respondent were accepted by the petitioner herein; as well as the fact that the Central Bureau of Investigation found no culpability of the respondent also lend substance to the case of the respondent - Decided against Revenue. - W. P. (C) No. 11881/2009 & CM No. 12008/2009 - - - Dated:- 17-12-2013 - Gita Mittal And Deepa Sharma,JJ. For the Petitioners : Mr. R. V. Sinha, Adv. with Mr. P. K. Singh, Adv. For the Respondent : Dr. Ashwani Bhardwaj, Adv. ORDER Gita Mittal, J. (Oral) 1. The petitioner has assailed the order dated 19th November, 2008 passed in OA No.1690 of 2007 by the Central Administrative Tribunal, Principal Bench, New Delhi. By this judgment, the Central A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. On the 7th of March, 2000, the respondent was placed under suspension which was revoked in March, 2001. 5. The respondent replied to the cause notice issued under the Customs Act and also made his written submissions on 15th October, 2001. A fine of Rs.2,00,000/- was imposed by an order dated 19th August, 2003 upon the respondent. This order imposing the fine was assailed by the respondent before the Custom Excise Service Tax Appellate Tribunal (CESTAT). The penalty was initially stayed by an order passed on 29th October, 2003. The respondent s appeal was accepted by CESTAT by the final order passed on 2nd November, 2005 and the order imposing penalty upon him was quashed. It is undisputed before us that this order has attained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r their non-functional selection grade in 2006 and the respondent was in the zone of consideration. The impugned memorandum dated 19th May, 2006 was issued only to interdict this consideration of the respondent. 11. The respondent has also contended that the memorandum of charge-sheet dated 19th May, 2006 was predicated on allegations which were identical to the show cause notice dated 3rd December, 1999. 12. The respondent has drawn our attention to the order dated 21st November, 2005 passed by the CESTAT wherein specific findings have been returned to the effect that there was no proof of any monetary flow to the respondent and that there was no other evidence as well against the respondent. The CESTAT has also noticed that there was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the inquiry officer which was effected only on 4th March, 2008. The respondent has submitted that the purpose of the inquiry was to harass him despite his innocence and the same is devoid of any basis on merit. 15. It is noteworthy that with regard to the same transaction, the petitioners issued similar belated charge-sheets to other customs employees as well. Our attention is drawn also to fact that with regard to the same transaction, the petitioners had issued a memorandum of charge-sheet to one Joseph Kuok, then deployed as a Superintendent with Customs. The memorandum of charges was issued to him on 15th January, 2010 which he challenged by way of OA No.2727 of 2010 before the Central Administrative Tribunal. Joseph Kuok s challenge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that detailed reasons have been recorded by the Tribunal in the order dated 19th November, 2008 assailed by way of the present writ petition. The very issues on which the writ petition is based, were raised before us and were decided by us in the judgment dated 23rd September, 2013 passed in WP (C) No.4245 of 2013 entitled Union of India Anr. Vs. Hari Singh. The challenge by the petitioners in the instant case is identical to that pressed by Hari Singh in that case. 19. The Tribunal has noted that the respondents have not been able to adequately explain the inordinate delay in initiation of the charge-sheet which would cause prejudice to the defence of the respondent. The petitioners have not been able to place any explanation for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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