SRIPATI RANJAN BISWAS Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) This Rule is directed against the order of dismissal passed against the Petitioner by the Collector of Customs at annex. C to the petition dated February 3, 1964, and the rejection of his appeal against the aforesaid order by the President on September 22, 1964 (vide annex. E to the petition.)

(2.) At the material time, the Petitioner was holding the post of an appraiser under the Customs Department, a Class II Gazetted post. On December 4, 1961, an order of suspension was made against him and it was on January 22, 1962, followed by the charge -sheet which contained three charges:

(3.) A departmental inquiry being held, the Petitioner was initially held guilty of charges II and III only. Agreeing with the findings of the inquiry officer on charges II and III the Collector issued the notice dated December 17, 1962, at annex. B to the petition calling upon the Petitioner to show cause why he should not be dismissed from service. The Petitioner thereupon moved this Court under Article 226 of the Constitution and obtained a Rule, which was eventually heard by Banerjee, J. who delivered judgment on July 15, 1963, to be found at pp. 138 -147 of the Paper Book produced before me (pertaining to appeal from the said order of Banerjee, J.) The decision of Banerjee, J., in short, was that charge III was patently unsustainable inasmuch as the Rule requiring previous sanction of the superior authority for acquiring immovable property was brought to the notice of the Petitioner subsequent to the disputed purchase made by him. Charge III was, accordingly, quashed and the Collector of Customs was directed 'to reconsider the penalty' to be awarded on the basis of the finding on charge II only. The reason for remitting the case for reconsideration of the penalty was thus expressed by his Lordship: