TMI Blog2015 (11) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... pearing for the respondents 1 and 2. 3. While the petitioner was working as an Appraiser in the Examination Section of Tuticorin Port, a charge memo dated 29.1.2001 was issued under Rule 14 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965. The only charge against the petitioner was that he did not carry out physical examination of the shipping bills as detailed in Annexure A to the charge memo on 31.12.1998 and that without verifying the goods shown as presented for export by the Customs House Agent on the relevant shipping bills, he made false entries as if he physically examined the goods. 4. The petitioner denied the charges and a preliminary enquiry followed. Subsequently, a detailed enquiry was held and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the petitioner, falls under Rule 11(v), which reads as follows : "Reduction to lower time scale of pay, grade, post or service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time scale of pay, grade, post or service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period a) the period of reduction to time scale of pay, grade, post or service shall operate to postpone future increments of his pay and if so, to what extent; and b) the Government servant shall regain his original seniority in the higher time scale of pay, grade, post or service." 8. It is actually a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exporter was that they claimed duty drawback without actually making any export, by getting signatures of the officers pre-dated in the shipping bills. In other words, the proceedings against the exporters were on the basis that the officers had pre-dated the shipping bills. But, the charge against the petitioner was that without physically examining the shipping bills, he made false entries in the shipping bills as though he had physically examined them. Therefore, the charge is completely different from the allegation made against the exporter for cancellation of duty drawback. 13. In the case on hand, the Enquiry Officer has given all particulars to the petitioner. The matter was referred to the Director General (Vigilance). Though he r ..... X X X X Extracts X X X X X X X X Extracts X X X X
|