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2016 (2) TMI 549 - HC - Central ExciseValidity of issuance of notice in the late night on the date of retirement - Additional Commissioner of Central Excise at Mysore - during night of 31.03.203, a Memorandum dated 31.03.2013 along with certain Articles of Charge, Statement of Imputations of Misconduct and Misbehavior were served on the respondent - learned Advocate appearing on behalf of the petitioners-Union of India. contends that the respondent is deemed to have been in duty till the midnight of 31.03.2013 and therefore, the department was justified in serving Articles of Charge in between 10.00 p.m. and 11.00 p.m. on 31.03.2013 and consequently, the same is deemed to be issued while the respondent was in service. Held that:- The respondent was not supposed to perform his duties as an Additional Commissioner any more till midnight, as argued by the learned counsel for the petitioner. After relieving from his duties, the respondent will not continue as a ‘Government Servant’. If it is so, it is clear that the Articles of Charge etc., were not served on the Government Servant. There is no ground to interfere in the impugned order of the Tribunal in as much as the Tribunal is justified in concluding that the Articles of Charge were served on the respondent only after he was relieved from the duties.
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