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2015 (4) TMI 447 - Tri - Central ExciseChargesheet against Central Excise Commissioner - CAT declines to interfere - Held that:- Such issues at the first instance are to be thrashed out in the departmental proceedings where evidence is to be led, witnesses are to be produced, examined and cross-examined. We are confident that this Tribunal should not usurp the power of the departmental authorities. We at this stage cannot go into the merits of the case as this would amount to creating prejudice in relation to the disciplinary enquiry which is yet to be held. We, therefore, desist from giving any finding regarding the legality/illegality of the order dated 28.02.2014 passed by the respondent dismissing the representation of applicant dated 01.02.2014 in compliance of the Tribunal's order dated 28.01.2014. We are also to observe that dismissal of the representation is a reasoned and speaking one and that prima facie no malice appears to be getting established. We have to take note of the fact that since no person has been impleaded in his personal capacity, the allegations regarding malice are also vague. Likewise, all the allegations raised regarding the violation of statute have been dealt with comprehensively by the respondents in their order dated 28.02.2014. Therefore, we see no point at present to interfere with the chargesheet and leave all the issues open to be adjudicated before the departmental proceedings or any future proceedings that may follow. - no merit in the OA and the same is dismissed leaving the parties to bear their own costs. - Decided against appellant.
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