JAMAL NOORMOHMED SHAIKH Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dtd. 13/3/2009 passed by the Central Administrative Tribunal (for short "the CAT") in Original Application No.256 of 2007 and further to quash and set aside the original order of penalty dtd. 24/10/2006 passed by respondent No.3, which was substituted by an order dtd. 3/4/2007, passed by respondent no.4 to the extent of reducing the penalty from dismissal to compulsory retirement and also to grant all consequential benefits, including promotion from the date his juniors were promoted.

(2.) The facts, in brief of the case, are that at the relevant point of time, the petitioner was serving as an Inspector of Central Excise at Central Excise Division-II, Ahmedabad and served with the charge-memo dtd. 19/6/1998 levelling two charges that - (i) the petitioner colluded with Mr.M.J.Doshi and Mr. K. Valson Chandrasekhar and other private individuals, including the Custom House Agents to facilitate the smuggling of Ball Bearings into India under the guise of Lead Scrap; and (ii) the petitioner induced 2 Dock Appraisers, Mr.Ajoy Banik and Mr.J.N. Meena further to the illegal act of smuggling of Ball Bearings into India under the guise of Lead Scrap.

(3.) Now, before adverting to the submissions made by the learned advocates appearing for the respective parties, it would be appropriate to mention herein the fate of the other co-delinquents, who had been served with the similar charge-memo(s) containing similar charges like the petitioner, against whom the inquiry was recommended and ultimately, against some of them the charges came to be dropped; against some of them, the orders of punishment were quashed and set aside by the CAT or by this Court or by the Supreme Court and the said co-delinquents came to be superannuated on attainting the age of superannuation. The co- delinquents are viz. (1) Mr.Z.B.Nagarkar, (2) Mr.K Valson Chandrasekhar, (3) Mr.M.J.Doshi, (4) Mr.Ajoy Banik, and (5) Mr.J.N. Meena.