S. SUNDAR RAJU Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE matters are referred to Full Bench by an order of this Tribunal dated 6.6.2011 in O.A. Nos. 107 & 12/2008 and O.A. No. 229/2009. The relevant facts are as follows:

(2.) THE applicant in O.A. No. 10/2008, who is working as Inspector of Central Excise, was issued with major penalty charge sheet dated 11.6.1998 by the Deputy Commissioner, Central Excise & Customs, Hyderabad -I Commissionerate (Disciplinary Authority), alleging that while working as Inspector of Central Excise at Ramanthapur -II Range, during the period from 3.6.1991 to 5.6.1992, he did not exercise proper control over the affairs of the factory under his control, which resulted in loss of revenue to the Government. Thus, he contravened the provisions of Rule 3(1), (i), (ii) and (iii) of CCS (Conduct) Rules, 1964. On the applicant denying the charges, an inquiry was ordered. The Inquiry Officer after conducting the inquiry submitted his report dated 12.3.2004. On service of the copy of the report, the applicant submitted representation dated 25.2.2005. Thus, the Disciplinary Authority, not being satisfied with the representation, passed order dated 6.6.2005 imposing penalty of reduction of pay of the applicant by three stages from Rs. 7700/ - to Rs. 7100/ - in the time scale of pay of Rs. 6500 -200 -10500/ - for a period of one year with effect from 6.6.2005, and ordered that he would not earn increments of pay during the period of reduction etc. The appeal and revision filed against his punishment were rejected.

(3.) APPLICANT in O.A. No. 229/2009 a major penalty, charge sheet dated 11.5.1998 was issued by the Deputy Commissioner (P&V), O/o. the Commissioner of Central Excise & Customs, Hyderabad -I Commissionerate, alleging that while working as Inspector of Central Excise at Ramanthapur Range -II during the period from 11.11.1994 to 12.12.1994, the applicant did not exercise proper control over the affairs of the factory under his control, which resulted in loss of revenue to the Government. Thus, the applicant has contravened the provisions of Rule 3(1)(i), (ii) and (iii) of CCS (Conduct) Rules, 1964. The applicant denied the charge. An inquiry was ordered duly appointing the Inquiry Officer. The applicant filed O.A. No. 784/2003 challenging the charge memo which was disposed of with a direction to the respondents to complete the inquiry within a period of sis months from the date of receipt of the copy of the order. The Inquiry Officer completed the inquiry and submitted his report dated 20.8.2004. A copy of the inquiry report was furnished to the applicant, who gave a representation to the Disciplinary Authority, and the Disciplinary Authority, being not satisfied with the representation passed order dated 11.2.2005 imposing a penalty of reduction of pay of the applicant by one stage from Rs. 7300/ - to Rs. 7100/ - in the time scale of pay of Rs. 6500 -200 -10500/ - for a period of six months with effect from 11.2.2005 and further ordered that he will not earn increments during the period of reduction and on the expiry of the period the reduction will have the effect of postponing his future increments of pay. The applicant submitted an appeal and revision to the concerned authorities, which were dismissed.