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2016 (2) TMI 1042 - BOMBAY HIGH COURTContravention of the provisions of Rule 3(1)(i), (ii) and (iii) of the Central Civil Services (Conduct) Rules, 1964 - Appraiser has exhibited lack of devotion to duty and acted in a manner unbecoming of a Govt. Servant - Held that: - although the original/legible copies of the shipping bills were not made available to the petitioner during the inquiry proceedings, the same will not be fatal considering that he had himself admitted to have countersigned the 9 shipping bills under “out of charge” in his statement recorded under 108 of the Customs Act, 1962. Moreover, the relevance of original shipping bills/legible copies of the shipping bills was to establish description of goods and the Examination Report was countersigned by the petitioner who had also given the Let Export Order (LEO), the evidentiary value of these documents cannot be denied now by the petitioner merely on the ground that the original copies of shipping bills were not available during the course of the inquiry especially when he had himself admitted to have countersigned the Examination Report. The Tribunal has rightly held that there is sufficient material before the Disciplinary Authority to reach the conclusion that Charge is proved and to impose the punishment - petition dismissed.
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