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2019 (12) TMI 740 - HC - CustomsMisconduct of Inspector / officer of customs - Misdeclaration of goods - evasion of customs duty - contravention of Rule 3 of the Central Civil Services (Conduct) Rules, 1964 - long delay in conducting enquiry - HELD THAT:- The Court notes that under Rule 14(3) & (4) of the CCS (CCA) Rules, it was incumbent, where the Government proposes to hold an inquiry, to draw the substance of imputations which would contain “a list of documents by which and a list of witnesses by whom, the Articles of Charge are proposed to be sustained. Although, as pointed out by learned counsel for the Petitioners, in disciplinary inquiry proceedings the rules of the CPC and the Evidence Act may not strictly apply, it is basic that the mere production of a document is not sufficient even in a disciplinary inquiry. There has to be some witness to prove such a document. Without a witness to prove the documents, the Enquiry Officer cannot take it on record as a genuine document - In the present case in the absence of any list of witnesses, there was no means by which the documents could have been proved by the Department in the inquiry proceedings. Delay in conducting enquiry - HELD THAT:- It is fairly well-settled that an inordinate unexplained delay itself causes prejudice to an accused employee - In each of the present cases there was no valid explanation for the inordinate delay in initiating the preliminary enquiry. Petition dismissed.
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