- (1.) This Rule is at the instance of the Union of India and the Customs authorities and it is directed against the judgment of A. K. Mookerji J whereby his Lordship made the Rule Nisi, which was obtained by the respondent S. M. Moitra on his application under Article 226 of the Constitution absolute.
(2.) The respondent was an Upper Division Clerk in the office of the Collector of Customs, Calcutta. By a Memorandum dated June 3, 1966 of the Collector of Customs two charges were leveled against the respondent. Of these two charges, it is not necessary to state what the charge no.1 was, for that charge was not proved. Charge No. II was as follows: "That Shri S. M. Moitra while functioning in the different capacities as Lower Division Clerk, Steno-typist and Upper Division Clerk from 18.4.49 to 31.3.65 in the office of the Collector of Customs, Customs House, Calcutta, between 4.6.63 and 30.11.64 contravened Rule 18(2) of the Central Civil Services (Conduct) Rules, 1964 inasmuch as he acquired by purchase on 4.6.63 3 cottahs 1 chattak of land at plot no.136, Khatian No.463, Mouza Paschim Putiari, P.S. Behala, District 24-Parganas from Shri A. B. Ganguly of Jadu Nath Ukil Road, Paschim Putiari in the name of his wife Sm. Tandra Moitra at a total cost of Rs. 9,245/- and subsequently constructed one one-storied building thereon in 1963-64 at a cost of Rs.13,266/- without obtaining any prior permission from his competent departmental authority."
(3.) The respondent submitted an explanation to the said charge - it was contended by him inter alia in his written defence that there could not be any contravention of Rule 18(2) of the Central Civil Service (Conduct) Rules inasmuch as the said Rules framed under the Notification No.4177 dated November 13, 1964 was published in the Gazette of India on December 12, 1964, that is, after the period during which the respondent was alleged to have contravened Rule 18(2). It was further contended by him that if at all there was any contravention, it was the contravention of the Central Civil Services (Conduct) Rules, 1955, which were repealed by Rule 25 of 1964 Conduct Rules without any saving clause. It may be stated here that by the Notification dated March 3, 1969 of the Ministry of Home Affairs a second proviso was added to Rue 25 providing that the repeal of the 1955 Conduct Rules shall not affect the previous operation of the rules so repealed and contravention of any of the said rules shall be punishable as if it were a contravention of the 1964 Conduct Rules.;