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TMI Blog2023 (3) TMI 1396X X X X Extracts X X X X X X X X Extracts X X X X ..... ards Circular No.10/1997, dated 17-04-1997 (Para 8)prescribes maintenance of Shipping Bill and DEPB registers for all Shipping Bills filed for export under DEPB Scheme, where in minimum specified details were required to be entered. Shri A.J. Ghode, in the capacity as Superintendent failed to ensure maintenance and availability of the said registers in respect of fraudulent exports made by M/s. Ruchika International under43 Shipping Bills. Further, Shri A.J. Ghode, Superintendent failed to maintain Telegraphic Release Advice Register for DEPB Licences issued to the said exporter during the period asper Para 9 of the Boards Circular No. 91/98, dated 17-12-1998. The missing of all records, registers from I.C.D., Miraj, clearly points out coll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etter dated 10-10-2006, Shri A.J. Ghode, had written to the department that he had drawn samples in respect of 3 Shipping Bills and was satisfied with the declaration of the goods and thereafter he did not draw any samples as the consignments were similar. Subsequently, in his statement dated 01-02-2008, he stated that no samples were drawn although he had certified on the Shipping Bills that the samples were drawn. This act on the part of Shri A.J.Ghode is unbecoming of a government servant in as much as his certification on the documents was not factual. Article of Charge-IV He allowed clearance of export cargo under 43 Shipping Bills filed by M/s. Ruchika International without following the prescribed procedure. The goods meant for e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years. The petitioner filed appeal. The Appellate Authority held that the charges I and IV are not proved and reduced the duration of penalty to 1 year. The original application filed by the petitioner is dismissed. 4. We have heard learned counsel for the petitioner and learned counsel for the respondents. 5. The scope of judicial review in such cases lies in narrow compass. This Court in exercise of writ jurisdiction under Article 226 would not sit in appeal over the decision taken by the respondents; however, would be more concerned with the decision making process. In the present case, the principles of natural justice have been adhered to.No grievance has been made in respect of the same. The defence has been appreciated and re-appr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent will not earn increments of pay during the said period of reduction and that on the expiry of this period, the reduction will have the effect of post-poning his further increments of pay". This aspect also does not seem to have been considered by the Tribunal while passing the impugned order. 7. In light of that, we pass the following order. ORDER i) The impugned order of the Tribunal is quashed and set aside. ii) The matter is remitted back to the Appellate Authority for deciding the appeal afresh with regard to the quantum of punishment. iii) The Appellate Authority shall consider that the charges framed in Articles I and IV have been dropped against the petitioner as not proved and only charges in Articles II and III are to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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