LAWS(BOM)-2012-8-20

RAJ G KUWATKAR Vs. UNION OF INDIA

Decided On August 06, 2012
RAJ G KUWATKAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the respondents.

(2.) This Writ Petition is directed against the common judgement and order dated 7.3.2012 passed by the Central Administrative Tribunal, Bombay Bench, Mumbai, disposing of Original Application Nos.583 of 2011 and 584 of 2011.

(3.) The petitioner was appointed as Lower Division Clerk in the year 1991 and promoted as Upper Division Clerk in the year 1995. In the year 1998, the petitioner was posted as UDC in Group VII, New Custom House, Mumbai, and was assigned the duty of verification of Duty Entitlement Pass Book (DEPB) of firms/exporters having names with first letter N to Z. In 2002 the Dy. Director General of Foreign Trade (Enforcement), Mumbai, noticed that non-existing firms had obtained DEPB scrips by submitting forged export documents. It appears that during the course of investigation, CBI noticed that proprietors of nonexisting firms, viz., M/s.Ritlene Exports, Vaibhav Sales & TVS Exports had submitted forged documents for obtaining DEPB scrips aggregating credit value of Rs.1.66 crore. The statement of the petitioner was recorded by CBI in the year 2002. The Customs Department carried out its own investigation and came to the conclusion that verification of DEPB scrips was not carried out by the petitioner nor the petitioner made entries in Punching Register/Verification Register, but the same were made by some other persons.