UNION OF INDIA SECRETARY Vs. YOGESH OCHHAVALAL SHAH

JUDGEMENT

(1.) Rule. Mr Biren A Vaishnav, learned advocate waives service of Rule for the respondent.

(2.) The petitioners Union of India, Commissioner of Central Excise and Director General (Vigilance), Customs & Central Excise, have filed this petition under Article 226 of the Constitution of India challenging the order passed by the Central Administrative Tribunal, Ahmedabad in Original Application No. 101 of 2006, whereby the note of disagreement dated 14.2.2006 issued by the disciplinary authority was quashed and set aside.

(3.) In nutshell, the case of the petitioners is that the respondent herein, while working as a Superintendent of Customs Division, Paldi, Ahmedabad, was in charge of the Customs godown for the period from 22.6.1998 to 30.10.1998 and custodian of the valuables besides other charges. While taking over the charge of the valuables from one Mr SB Chauhan, the then in-charge Superintendent, the respondent had physically verified all the valuable and all the items were tallied with the list of valuables in presence of one Mr JG Malek, Inspector. The respondent handed over the charge of valuables to one Mr KM Pathan, Superintendent and it was noticed that at the time of transfer of charge of valuables, seven gold biscuits of 10 tolas each were missing and not traceable. Thereafter, an inquiry was conducted and the seven gold biscuits of total 10 tolas each were recovered/retrieved from one Mr Harshad Makwana, a daily wager/farash.