Shanker Raju, Member (J) - (1.) BY this O.A. applicant has sought for the following reliefs: (i) call for the records of the case; (ii) quash and set-aside the Order dated 8.11.1994 and 8th July 1999 passed by the Respondent No. 1 as illegal, arbitrary, malafide, untenable, without jurisdiction with all its consequences. (iii) quash and set-aside the Memorandum dated 31st August, 1999 with all its consequences; (iv) declare the action of the respondents in continuing the applicant under suspension since 1994 as well as in issuing the Memorandum dated 31st August, 1999 as illegal, arbitrary, unconstitutional and untenable in law with all its consequences; (v) allow costs of application; (vi) pass any other order or orders which this Hon'ble Tribunal may deem just and equitable in the facts and circumstances of the case."
(2.) Briefly enumerated, applicant was posted as a Deputy Commissioner of Income Tax, Range-21. On araid by the CBI, FIR bearing No. RC 62(A)/94-DLI dated 7.9.94 was registered against the applicant under Section 7, and 13(2) read with 13( 1 )(d) of Prevention of Corruption Act, 1988. Applicant was arrested on 8.9.94 and remained in judicial custody till 16.9.94 and thereafter was released on bail. Applicant was placed under deemed suspension on 8.11.94 under Sub-rule (2) of Rule 10 of CCS (CCA) Rules, 1965 with effect from the date of detention, i.e., 7.9.94 with a further observation to remain under suspension until further orders. Charge-sheet, after investigation was filed before the Sub-Judge in the criminal case.
(3.) SIMULTANEOUSLY, a memorandum under Rule 14 of the CCS (CCA) Rules, 1965 for a disciplinary proceeding has been served upon applicant on the same set of facts and allegations as that of criminal case.;