2014 (3) TMI 827

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... icating authority against the appellant. Mere undertaking the work relating to purchase of raw materials and other requirements of the company cannot be held to be an offence covered under the provisions of Rule 209A unless there is a specific finding, based upon the evidence and the role played by the appellant. We find no reasons to uphold the said imposed penalty upon the appellant. The same is .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tiwala Industries (P) Ltd. As finance controller of M/s. Motiwala Industries Ltd., he was assigned the work relating to day to day internal checking and control of financial matters of the company. Shri Mahesh Gupta, Director of M/s. Motiwala Industries Ltd., Varanasi in his statement dated 18-7-1997 stated that Shri Garg was assigned the work relating to purchase of raw materials and furnace oil .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... g with the said company only for a limited period from 1-6-1997 to 31-3-1998. He cannot be held responsible for any misdeed of the companies so as to be imposed with penalty. 4. After hearing ld. DR, we find from the above reproduced paragraphs that there is no specific finding by the adjudicating authority against the appellant. Mere undertaking the work relating to purchase of raw materials an .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X