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2023 (9) TMI 467 - HC - CustomsDisciplinary proceedings against the Revenue office (Deputy Commissioner) - Case of involvement in fraudulent duty drawback case - Charge sheet is yet to be filed - Continued and prolonged suspension of petitioner for more than five and a half years is arbitrary - violative of Articles 14 and 21 of the Constitution of India - HELD THAT:- It is well settled that even though suspension is not specified under Rule 11 of Central Civil Services (Classification, Control & Appeal) Rules, 1965, as a punishment, an order of suspension affects a government servant injuriously in case departmental inquiry is not concluded within a reasonable time. In that sense, the continued suspension in a pending departmental inquiry becomes punitive in nature and as such if any employee is kept under suspension for unreasonably long period, the same may be unjustified. Reverting back to the facts of the present case, it may be noticed that petitioner faces serious and grave charge for aiding in smuggling and committing drawback frauds and other anti-departmental activities, for which sanction also stands granted for prosecution in respect of four out of five cases. Penalty also stands imposed in the proceedings under Section 112(a) & 112(b) and under Section 114AA of the Customs Act, 1962. Further, proceedings also stand initiated against the petitioner under Prevention of Corruption Act, apart from departmental proceedings. The continuation of investigation by various agencies after the earlier round of litigation, appears to be the sole reason for non-issuing of charge-sheet to the petitioner and also resulted in continued suspension. Considering the serious nature of charges, which have remained under investigation by various agencies against the petitioner and public interest, the contention raised by learned counsel for the petitioner cannot be accepted, that since the petitioner has not been responsible for delay in conduct of investigation or other proceedings, he deserves to be reinstated. The revocation of suspension and reinstatement of the petitioner, in the peculiar circumstances cannot be directed merely because the charge-sheet could not be issued to the petitioner - Petition dismissed.
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