- (1.) Leave granted. The respondent, while working as Income-tax Officer, Muktsar during the year 1982-83 completed certain assessments. A charge memorandum dated 2-5-1989 was served on him to the effect it-was proposed to hold an inquiry against him under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. A statement of article of charge framed against him was to the following effect: Statement of Article of Charge Framed Against Shri K. K. Dhawan, A Group 'A' Now Posted As Assistant Commissioner of income Tax, Bombay. Article I Shri K. K. Dhawan, while functioning as I.T.O. "A" Ward, Muktsar during 1982-1983 completed nine assessments in the case of: (1) M / s. Chananna Automobiles, (2) M/s. Gupta Cotton Industries, (3) M/s. Ajay Cotton Industries, (4) M/s. National Rice Mills, (5) M/s. Tek Chand Buchram, (6) M/s. Tilak Cotton Industries, (7) M/s. Chandi Ram Behari Lal, (8) M/s. Phuman Mal Chandi Ram, and (9) M/s. Modern Tractors. in an irregular manner, in undue haste and apparently with a view to conferring undue favour upon the assessees concerned. By his above acts Shri Dhawan failed to maintain absolute integrity and devotion to duty and exhibited a conduct unbecoming of. a Govt. servant, thereby violating provisions of Rules 3(l)(i), 3(i)(ii) and 3(l)(iii) of the CCS (Conduct) Rules, 1964. This was accompanied by a statement of imputation of his misconduct or misbehaviour in support of the article of charge framed against him.
(2.) In each of the nine cases of the assessees above referred to, the details relating to misconduct or misbehaviour were furnished. Therefore, it was charged that the respondent had violated the provisions of Rules 3(l) (i), 3(1) (ii) and 3(l)(iii) of the Central Civil Services (Conduct) Rules , 1964. The necessary documents in support of these allegations were also enclosed.
(3.) Against the said memorandum dt. 2-5-1989, the respondent preferred an application 0. A. No. 2540/89 before the Central Administrative Tribunal, New Delhi praying for a stay of the disciplinary proceedings and to consider his case for promotion on merits without resort to the sealed cover procedure.;