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        2015 (11) TMI 685 - HC - Customs

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        Major penalty in departmental proceedings upheld where Rule 14 procedure was followed and no perversity in findings was shown. A major penalty of reduction by two stages in the time scale of pay for one year under the CCS (CCA) Rules, 1965 was upheld because the prescribed ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Major penalty in departmental proceedings upheld where Rule 14 procedure was followed and no perversity in findings was shown.

                              A major penalty of reduction by two stages in the time scale of pay for one year under the CCS (CCA) Rules, 1965 was upheld because the prescribed disciplinary procedure was followed: charge memo, enquiry, supply of the enquiry report, consideration of objections, personal hearing, and a speaking decision by the disciplinary authority. There was no breach of natural justice or procedural illegality. Judicial interference was held to be limited to cases of findings that are wholly perverse or unsupported by evidence, and no such perversity was shown on the facts, including the distinction between the petitioner's conduct and the proceedings relating to the exporter. The writ petition was therefore liable to be dismissed.




                              Issues: Whether the penalty of reduction by two stages in the time scale of pay for one year, imposed after departmental enquiry under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, was liable to be interfered with on the ground of procedural violation, breach of natural justice, or perversity of findings.

                              Analysis: The penalty fell within Rule 11(v) and was therefore a major penalty requiring compliance with Rule 14 procedure. The charge memo was issued, enquiry was conducted, the enquiry report was furnished, objections were received, personal hearing was granted, and the disciplinary authority considered the materials before imposing the penalty. There was no complaint of non-compliance with the prescribed procedure or violation of natural justice. In such a case, interference is justified only if the findings are wholly perverse and unsupported by evidence. The allegation against the petitioner was distinct from the proceedings relied on in relation to the exporter, and the departmental authorities, the Union Public Service Commission, and the Central Administrative Tribunal found no perversity warranting interference.

                              Conclusion: The penalty was not vitiated by procedural illegality, breach of natural justice, or perversity of findings, and the writ petition was liable to be dismissed.


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                              ActsIncome Tax
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