M. M. Dutt, J. - (1.) The Special Leave Petition filed by the appellants was heard upon notice to the respondent, who appeared before us in person. As arguments have been made by both sides at the hearing of the Special Leave Petition, we proceed to dispose of the appeal after granting such leave.
(2.) The only question that is involved in this appeal is whether it is necessary to give a second show cause notice against the punishment before the same was imposed on the respondent and to furnish him with a copy of the report of Inquiry Officer in view of the amendment of Cl. (2) of Art. 311 of the Constitution of India by the Constitution (Forty-Second Amendment) Act, 1976 and the consequential change brought about in Rule 15(4) of the Central Civil Services (Classification, Control and Appeal) Rules. 1965 Indeed, the notice of the Special Leave Petition that was served on the respondent was confined only to the said question.
(3.) The respondent, K. S. Mahalingam. was the Examiner of Madras Customs House. While he was acting in that capacity, a charge sheet was served on him containing two articles of charge alleging misconduct involving lack of integrity and lack of devotion to duty and conduct unbecoming of a Government servant. The respondent submitted his defence, inter alia, denying the charges. The Inquiry Officer held that both the articles of charge were established. The Disciplinary Authority, namely, the Collector of Customs, Madras, examined the report of the Inquiry Officer and by his order dated May 15, 1980 came to the finding that both the charges framed against the respondent were proved. In view of the said finding, the Collector of Customs by his said order dismissed the appellant from service. Being aggrieved by the order of dismissal, the respondent preferred an appeal against the same to the Chief Vigilance Officer, Central Board of Excise and Customs. The Appellate Authority elaborately considered the facts and circumstances of the case and by its order dated July 8, 1981 upheld the finding of the Disciplinary Authority that the charges against the respondent were proved. The Appellate Authority, however, altered the penalty of dismissal to one of compulsory retirement of the respondent from service.;