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TMI Blog2021 (5) TMI 766X X X X Extracts X X X X X X X X Extracts X X X X ..... circulation also provides that all such cases where the disciplinary authority proposes to take any action which is at variance with the Commissioner's first stage advice would continue to be referred to the Commissioner for obtaining second stage advice - It emerges that the Directorate General of Vigilance, Central Board of Indirect Taxes and Customs, New Delhi vide communication dated 28.08.2018 directed that second stage advice be kept pending till the final decision of appeal before the High Court. Noticing the development in the interregnum and also considering the fair direction on the part of the CAT to the respondent authority, even otherwise, the Court finds nothing meritorious in the application, however, with the subsequ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the advice of Central Vigilance Officer on 20.06.2008. The Inquiry Officer on 29.04.2019 had held that all the allegations in the charge memorandum could not be proved during the inquiry proceedings against the charged officers but since the prosecution has appealed against the said order, these findings are subject to the outcome of the appeal pending in the High Court. 2.3. According to the petitioner, the decision of the Inquiry Officer exonerating charged officers is inextricably linked with the decision of Additional District Judge, Bharuch which is the subject matter of appeal before the High Court. 2.4. It is the say of the petitioner that Chief Vigilance in a Circular dated 17.12.2012 states that all disciplinary proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion, hearing and/or final disposal of this petition, this Hon'ble Court may be pleased to stay the order impugned dated 17.12.2018 (Annexure-A) passed by the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad. (D) Such other and further relief as this Hon'ble Court may deem just, fit and expedient be granted in favour of the petitioner. 3. This Court had issued notice on 29.03.2019. Learned advocate Mr. M.S.Trivedi appears for respondent no.1. 4. In the interregnum, as noticed from the application made by respondent no.1 in the present petition being Civil Application No. 01 of 2020, as has been ordered in today's date, in a Contempt Petition No. 13 of 2019 the Joint Commissioner (Vigilance), Cust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isciplinary Authority for other two officers viz. S/Sh. Rohitashwa Meena, Supdt and S. K. Verma, Inspector as well. 4. The original Disciplinary Authority may forward proposal in prescribed proforma to Ad.V along with her recommendation for issue of Order with respect of all the three officers. 4. Necessary action may, accordingly, be taken with intimation to this office at the earliest. 5. This development and as fairly submitted by learned advocate Mr. Ankit Shah appearing as Standing Counsel for the petitioner, would not require any further direction from this Court and according to him, this proposal sent by the Joint Commissioner (Vigilance) is pending with the Hon'ble President as there are three officers involved i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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