AMAR NATH VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This application filed under Article 226 of the Constitution of India is directed against the judgment and order dated 14.10.2009 passed in O.A. No. 174 of 2003 by the Central Administrative Tribunal, Patna Bench, Patna dismissing the application preferred by the Petitioner and affirming the orders passed by Disciplinary Authority dated 19.10.2001 and the Appellate authority dated 25.10.2002 as contained in Annexures10 and 15 respectively imposing penalty of withholding of three successive increments operative from 1.12.2001 till 1.12.2004 to be restored cumulatively on 1.12.2004 but without arrears.

(2.) Shorn of unnecessary details, the facts of the case in brief is that the Petitioner was appointed as an Inspector of Central Excise and was posted at Calcutta in the year l978. He was transferred to the Patna Commissionerate of the Department of Central Excise in the year 1981 and was promoted to the post of Superintendent, Central Excise on the recommendations of the regularly constituted Departmental Promotion Committee chaired by the Chief Commissioner, in the year 1996.

(3.) The genesis of the proceedings finds its roots to a letter dated 9.9.1998 of the Petitioner addressed to the President and General Secretary of the Association of Gazetted Executive Officers of Customs and Central Excise, Patna/Jamshedpur with copies endorsed to the Commissioner of Central Excise, Patna/Jamshedpur and the Commissioner of Customs, Patna. The Petitioner in the said letter had shown discontent in the manner of functioning of the Association and had made a prayer for disassociating him from the membership of the Association. As a copy of the letter was also endorsed to the Commissioner, Central Excise, Patna, the Petitioner received a letter dated 15.9.1998 of the Additional Commissioner, (P and V), Central Excise, Patna issued under the directions of the Commissioner, seeking proof and evidence from the Petitioner in support of the allegations made in his letter dated 9.9.1998 within a period of three days of its receipt, failing which necessary proceedings would be initiated against him. The letter dated 15.9.1998 as contained in Annexure-2 was responded by the Petitioner vide letter dated 15.10.1998 (Annexure-4) mentioning therein that he had nothing further to submit in addition to the financial irregularities pointed out in his letter dated 9.9.1998. As apprehended by the Petitioner, the Director General, Vigilance, sought a report from the Commissioner, Central Excise, Patna as to whether permission had been sought for raising of funds from public for the Souvenir published, in view of the prohibition contained in Rule 12 of the CCS Conduct Rules, 1964, (hereinafter referred to as "the Conduct Rules?). The office of the D.G. Vigilance, by letter dated 13.6.2000 (Annexure-5) addressed to the Commissioner, Excise, Patna, sought the names of the officers of the Association involved in raising of the funds, for making of a reference to the Central Vigilance Commissioner. On the other hand, a memorandum was issued to the Petitioner on 2.7.2001 by the Commissioner of Central Excise proposing to take action against him under Rule 16 of the C.C.S (CCA) Rules, 1965 (hereinafter referred to as "the Disciplinary Rules?) on the imputations of misconduct/mis- behaviour set out therein. The memorandum as contained in Annexure-6 charges the Petitioner of using filthy, indecent and intemperate language in the correspondences made with the Senior Officers and for endorsing such copies to the Senior Officers without permission, amounting to insubordination in view of the Government of India decision No. 25 provided under Rule 3 of the Conduct Rules.