- (1.) The petitioner herein is aggrieved by the judgment and order dated 6th February, 2009 passed by the learned Central Administrative Tribunal, Calcutta Bench in the application being O.A. 104 of 2008 and has assailed the same in the instant writ petition.
(2.) From the records we find that at the material time, the petitioner herein was posted as Additional Collector of Customs, Export Investigation Branch, Calcutta. It has been submitted on behalf of the petitioner that pursuant to the instructions of the Principal Collector mentioned in the note dated 16th April, 1994, said petitioner being the Additional Collector of Customs disposed of about 80 pending files including 7 cases of M/s. Annapurna Yarn Fabrics. According to the petitioner, department had accepted all the assessments so made in respect of the aforesaid cases. Mr. L. K. Gupta, learned Senior Counsel of the petitioner submitted that all the aforesaid assessments made by the petitioner in connection with about 80 shipping bills including 7 cases of M/s. Annapurna Yarn Fabrics were appealable orders under Section 129D of the Customs Act, 1962. Mr. Gupta further submitted that the petitioner while acting in a quasi-judicial capacity passed the aforesaid orders as an Assessing Officer which were appealable orders although the competent authority of the department accepted the said orders passed by the petitioner and allowed implementations of the same. Mr. Gupta also submitted that the competent authority of the Customs Department did not even challenge the aforesaid orders passed by the petitioner after initiation of the enquiry by the Central Bureau of Investigation in December, 1994.
(3.) On 1st October, 2004, a charge-sheet was issued against the petitioner under Rule 14 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 for major penalty alleging that the said petitioner had given order for logging of the exports of M/s. Annapurna Yarn Fabrics in DEEC Book, misinterpreting the order dated 16th April, 2004 passed by the Principal Collector of Customs, Calcutta. The entire allegations mentioned in the charge-sheet were in respect of the consignments of export of HDPE woven fabric of M/s. Annapurna Yarn Fabrics. The petitioner filed his written statement. The Disciplinary Authority after considering the written statement of defence filed by the petitioner herein decided to drop the charges levelled against the said petitioner. Accordingly, a reference was made to the Central Vigilance Commission for necessary concurrence. The Central Vigilance Commission thereafter, advised for converting the proceeding for violation of the provisions of Rule 3(1)(i), (ii) and (iii) of the CCS(Conduct) Rules, 1964 into simple minor penalty proceedings and to impose suitable minor penalty on the petitioner.;