S R VAISHNAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who was at the relevant time Superintendent of Central Excise at Bhavnagar challenges the order of his compulsory retirement passed by the Collector of Customs & Central Excise at Ahmedabad dated 21-7-1976 produced at Annexure-F, and the appellate order passed by the Government of India dated 22nd September, 1977 at Annexure-G on the ground that the same are violative of the principles of natural justice and also bad on merits.

(2.) The short facts of this petition are as under : The petitioner was working as Superintendent of Central Excise at Bhavnagar, when he received a memorandum dated 4-11-1974 along with Articles of Charges and other relevant papers. The petitioner was charge-sheeted for three alleged delinquencies which are narrated in the order of the Collector at Annexure-F. Out of the three charges, Article III was not proved. So far as Charge-Article I is concerned the same has been proved partly to the extent of lack of devotion to duty, whereas the real charge mentioned in Article II is found to be proved.

(3.) The defence of the petitioner against these charges as reproduced by the competent authority, namely the Collector of Customs & Central Excise at page 67 is as under :