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2015 DIGILAW 227 (SC)

Chief Commissioner of Central Excise Bangalore v. P. Laxminarayan Reddy

2015-02-13

C.NAGAPPAN, KURIAN JOSEPH

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ORDER : Delay condoned. 2. Mr. V.V.S. Rao learned senior counsel appears on caveat on behalf of the respondent. 3. Heard learned counsel for the parties. 4. This is a case where the respondent was proceeded against for the violation of Rule 3(1)(i)(ii)(iii) of Central Civil Services (Conduct) Rules, 1964. The allegation is that while working as Inspector of Central Excise as Group-D In-charge Headquarters Office, Bangalore, he inspected the premises without search authorization. According to the respondent, he had visited after intimation to his superior officer. Be that as it may, The Central Administrative Tribunal, having regard to the fact that there was violation of the principle of natural justice in conducting domestic enquiry, directed reinstatement with 50% back wages. The High Court reduced it to 25%. The learned Additional Solicitor General points out that once the respondent himself had accepted before the Disciplinary Authority that the visit was done without proper authority and the same happened only on account of his inexperience, no other technicality shall stand in the way of the Authority imposing a proper punishment. 5. Even assuming so, we do not find that having regard to the charges framed against the officer, the punishment imposed is proportionate to the gravity of charges proved against him. 6. Learned Additional Solicitor General appearing for the petitioner submits out that the matter should be sent back to the Disciplinary Authority to go into the aspect of proportionality. However, having regard to the fact that the litigation have been going on for the last eleven years, we are of the view that it is only in the interest of justice to give a quietus to the whole issue. 7. Having heard the learned counsel on both sides in that regard, we are of the view that reinstatement without back wages and with a recorded censure would be the just and proper punishment. 8. Ordered accordingly. The impugned order will stand modified accordingly. 9. The special leave petition stands disposed of as above.