MISRA V D Vs. COLLECTOR OF CENTRAL EXCISE

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is directed against an order of removal from service.

(2.) The petitioner was employed as an inspector in the central excise department at Allahabad. There were various complaints against him. A preliminary enquiry was held into the complaints; and it was decided that there was a prima facie case against the petitioner. Formal charges were drawn up against the petitioner; and one Shankar held an enquiry into the charges. He concluded that certain charges were established against the petitioner. On receiving Shankar's report, the Collector, Central Excise, Allahabad (hereafter referred to as the Collector) issued a notice to the petitioner to show cause why he should not be removed from service. The petitioner submitted his explanation to the Collector. The Collector was not satisfied with the explanation. He passed on 23 April 1959 an order removing the petitioner from service. The petitioner's appeal against the order of removal was dismissed by the Central Board of Revenue, New Delhi. Hence this writ petition for getting the order of removal quashed.

(3.) Charges were served upon the petitioner in two instalments. Annexure A to the affidavit is the first set of charges. Annexure E to the affidavit is the second set of charges. The last item of annexure E relates to a transaction, in which the petitioner is supposed to have accepted a sum of Rs. 30 from one Bechan as illegal gratification. The order for petitioner's removal is largely based on this transaction. Annexure M to the affidavit is the show-cause notice issued by the Collector to the petitioner. The notice was accompanied by Shankar's report, dated 1 July 1958. Annexure N to the affidavit is the petitioner's explanation before the Collector. Annexure O is the Collector's order, dated 23 April 1959 removing the petitioner from service. Annexure P to the affidavit is the order of the Central Board of Revenue dismissing the petitioner's appeal.