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2013 (5) TMI 658 - HC - CustomsMisconduct of enquiry officers - Held that:- As the Chairman himself has taken initiative to proceed on administrative side by instituting departmental inquiry under CCS (CCA) Rules, 1965, against the Custom Officers and that this is the first act of alleged misconduct bordering the act of criminal offence on the part of custom officers present before us. Besides, the Chairman has already issued necessary instructions against the repetition of such acts of harassment as alleged and the petitioners have also participated in the pending proceedings without any further complaint. Thus, it would be appropriate to accept the prayer on behalf of Chairman, Central Board of Excise and Customs for final disposal of the case. Permission to use C.B.I. Report in the departmental proceeding to be conducted by the Custom Department is concerned - Held that:- Looking to secrecy required to be maintained in the interest of protection of witnesses,decline to accept the request. Thus, the Chairman shall proceed against the Officers independently on the basis of affidavit given before this Court without any reference to the extracts of the C.B.I. Report. Also direct the petitioner to participate in further proceedings under the Customs Act, if not already concluded.
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