LAWS(DLH)-2018-12-399

VIJAI LAKSHMI SHARMA Vs. UNION OF INDIA

Decided On December 13, 2018
Vijai Lakshmi Sharma Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner has preferred the present writ petition to assail the order dated 25.08.2015 passed by Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No. 3580/2013. By the impugned order, the Tribunal has rejected the Original Application preferred by the petitioner. In the said Original Application, the petitioner had assailed the action taken by the respondents to initiate departmental proceedings against him by issuing the memorandum of charge-sheet dated 09.08.2012. The petitioner also assailed the consequential orders dated 31.10.2012, appointing the Inquiry Officer and the Presenting Officer.

(2.) The petitioner, who was an Indian Revenue Service Officer of 1975 Batch, superannuated from the post of Member, Central Board of Excise and Customs (CBEC) on 31.03.2011. It appears that while she was in service, a complaint was made against the petitioner in respect of availment of exemption under Notification bearing No.39/2001-CE, dated 31.07.2001 by one M/s. Sunshine Oleochem Pvt. Ltd., and the Directorate of Vigilance, Central Board of Excise and Customs forwarded the same on 04.03.2011 to the Additional Secretary and CVO (Rev. Hqrs.), Deptt. of Revenue, Ministry of Finance.

(3.) On 11.03.2011, the Ministry of Finance, Deptt. of Revenue issued a memorandum dated 11.03.2011 to the petitioner calling for a reply on the said issue. The petitioner sent a reply on 16.03.2011.