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    <title>2019 (4) TMI 1279 - ALLAHABAD HIGH COURT</title>
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    <description>A customs penalty order, even if upheld in appeal, does not by itself establish misconduct under service conduct rules. Departmental punishment must rest on independent evidence proving the charge, because summary customs adjudication is not conclusive proof of conduct unbecoming a government servant. The inquiry was not vitiated merely because original records were not produced where copies of relied-upon documents had been supplied and inspection was offered. However, where no substantive oral or documentary evidence proved the misconduct, compulsory retirement could not be sustained and the disciplinary and appellate orders were set aside with consequential service benefits.</description>
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      <description>A customs penalty order, even if upheld in appeal, does not by itself establish misconduct under service conduct rules. Departmental punishment must rest on independent evidence proving the charge, because summary customs adjudication is not conclusive proof of conduct unbecoming a government servant. The inquiry was not vitiated merely because original records were not produced where copies of relied-upon documents had been supplied and inspection was offered. However, where no substantive oral or documentary evidence proved the misconduct, compulsory retirement could not be sustained and the disciplinary and appellate orders were set aside with consequential service benefits.</description>
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      <pubDate>Fri, 15 Mar 2019 00:00:00 +0530</pubDate>
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