2012 (6) TMI 815

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.... Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules of 1965, when the proceedings initiated under Rule 16 were still pending. 3. It is not in dispute that pertaining to certain counter signatures of the petitioner herein in bills of entries while discharging his functions as Assistant Commissioner of Customs holding charge of Air Cargo complex, Karipur from November, 2005 to 2006, memorandum of charges came to be issued on 31-8-2010 under the above said rules. This charge admittedly pertains to three bills of entries dated 8-12-2005, 12-12-2005 and 30-1-2006. It is also not in dispute that he gave a reply to the memorandum of charges as per letter dated 17-9-2010. The petitioner superannuated on 30-4-2011. 3....

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.... of challenge before the CAT, proceedings under Rule 16 for minor penalty was closed and only proceedings for major penalty under Rule 14 were pending. In that context CAT went to the extent of addressing the controversy saying whether at the stage of issuance of the second charge, the petitioner could have challenged the proceedings as there was only three bills of entries in the first memo in which minor penalty proceedings were initiated. By virtue of second memo dated 8-3-2011 apart from including the three earlier bills of entries, there were others one relating to 63 bills of entries and another relating to 17 bills of entries. However, the learned Senior Counsel contends 17 bills of entries are part of 63 bills of entries. The fact r....