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Central Excise - Tribunal - Case Laws

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• 2015 (4) TMI 447
  
  Chargesheet 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 reas....... + More

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• 2014 (3) TMI 1046
  
  Negligence and complete lack of devotion to duty - applicability of Rule-9 of the CCS(Pension) Rules, 1972 - Held that:- From perusal of provision of Rule-9 as well as findings of the disciplinary authority, it is clear that the applicant has been found guilty on the ground of negligence and complete lack of devotion to duty. Thus, the allegation of the applicant that the grounds taken in his report were not considered by the disciplinary authority while imposing the punishment is not valid as the disciplinary authority while coming into conclusion has elaborately discussed the IO's report, disagreement note as well as contention of the applicant. As this Tribunal cannot sit as a appellate forum on the fact findings of the disciplinary authority , we cannot interfere with the findings of the disciplinary authority as per decision of Hon'b....... + More

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• 2013 (1) TMI 328
  
  Appeal against Transfer Order – Assessee is an Assistant commissioner posted in Bhopal Zone - Minimum tenure not be less than 2 years - Applicant has been transferred from Bhopal zone to Cochin zone in less than 2 years along with his wife, who is also Assistant Commissioner - Transfer order was outcome of mala fide on the part of respondent No. 4 who desired that the applicant should give undue favour Gutkha manufacture in installing high speed Gutkha pouch packing machine avoiding physical verification of the actual running capacity of the pouch packaging machine Allegations - the applicant started harassing Gutkha manufacturer since the day he joined at Bhopal in an effort to extract undue benefit from the Gutkha manufacturer - Misconduct of insubordination - Anointing an assessee as Assistant Commissioner for a day - Interacting with ....... + More

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• 2000 (1) TMI 683
  
  ... ...
  ... ... ..... laid down for disciplinary proceedings in respect of a Government Officer for awarding any penalty to him as per law and in particular in terms of the constitutional guarantees extended to the Government servants. 22. emsp For the reasons discussed in detail above, we quash the impugned order passed on behalf of the first respondent in the name of the President of India dated 30-6-1999 available at Annexure A4, which was communicated with the forwarding letter, dated 13-7-1999 by the Commissioner of Customs, Bangalore. We further declare that the applicant is eligible for all consequential benefits arising from this order and direct the respondents to grant those benefits to him including promotion, for which he was eligible for consideration at the appropriate time ignoring the effect of these disciplinary proceedings against him. These directions shall be carried out by the respondents within a period of three months from the date of receipt of copy of this order. No costs.

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