Dismissal of Petition Challenging Administrative Tribunal's Order on Customs Superintendent

The High Court dismissed the petition challenging the Central Administrative Tribunal's order directing the completion of departmental proceedings against a Superintendent of Customs. Subsequent developments, including a recommendation to drop charges against the officers involved, rendered the matter infructuous. The Court acknowledged the fair direction of the CAT and discharged the rule, concluding the case.

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Issues:
Challenge to the legality and validity of the order passed by the Central Administrative Tribunal (CAT) regarding departmental proceedings.

Analysis:
The petitioner challenged the order dated 17.12.2018 passed by the CAT, Ahmedabad Bench, directing the completion of departmental proceedings against the respondent no.1 before 31.03.2019. The respondent no.1, a Superintendent of Customs, was acquitted in a criminal case but faced departmental proceedings. The Inquiry Officer found the allegations unproven, pending appeal. The petitioner argued that the decision is linked to another pending appeal, citing circulars on disciplinary proceedings and second-stage advice. The Directorate General of Vigilance directed to keep second-stage advice pending until the appeal's conclusion. The respondent filed an application before CAT, leading to the current petition before the High Court.

The High Court issued notice on 29.03.2019, and during the proceedings, a communication from the Joint Commissioner (Vigilance) recommended dropping charges against all three officers involved, including the respondent. The communication highlighted the senior most Disciplinary Authority's role and the need for further action. The petitioner's counsel noted this development, stating that the proposal is pending with the Hon'ble President due to multiple officers involved. The Court acknowledged this development and the CAT's fair direction to the respondent authority. Considering the subsequent developments and the matter becoming infructuous, the Court found no merit in the application and dismissed it accordingly.

Overall, the High Court disposed of the petition, noting the subsequent developments and the completion of the departmental proceedings as per the recommendation to drop charges against the officers involved. The Court discharged the rule, concluding the matter.

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