CHIEF COMMISSIONER Vs. DALCHAND

JUDGEMENT

(1.) Heard learned advocate Mr.Utkarsh Sharma for the petitioner and learned advocate Mr.M.S.Trivedi for the respondent appearing on caveat.

(2.) The challenge in this petition is directed against order dtd. 18/9/2020 passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad, whereby the Tribunal set aside the communication dtd. 31/1/2019, further directed the disciplinary inquiry to take appropriate decision on the pending representation of the petitioner dtd. 15/9/2021 expeditiously and time bound.

(3.) The undisputed facts emerging from the record go to show that the petitioner, while working as Superintendent, Central Excise and Customs, Range-3, Division-III, Surat-II, and entrusted with the work of refund of duties etc., faced charges with regard to the demand of illegal gratification by him on 14/5/2008 from a person seeking refund of the duty amount. A complaint was lodged against the petitioner under Anticorruption wing of Central Bureau of Investigation, Gandhinagar. In pursuance, the charge-sheet was filed by the CBI before the Special Court. Also initiated were the departmental proceedings against the petitioner issuing the charge-sheet dtd. 1/1/2010 under Rule 14 of the CCS (CCA) Rules, 1965. Departmental inquiry was held and the Inquiry Officer submitted his report on 28/8/2017.