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2016 (2) TMI 549 - KARNATAKA HIGH COURT

2016 (2) TMI 549 - KARNATAKA HIGH COURT - 2016 (332) E.L.T. 396 (Kar.) - Validity 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 .....

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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. - W.P. NO. 51898/2015 (S-CAT) - Dated:- 4-1-2016 - MR. MOHAN.M.SHANTANAGOUDAR AND MR. K.N. PHANEENDRA, JJ For the Petitio .....

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is clear from Annexure- A1 (Annexed with Original Application filed before the CAT). However, 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. The same were received and acknowledged by the respondent between 22.15 hours and 23.25 hours on 31.03.2013. Thereafter, the respondent approached the CAT in Original Application No.395/2014 questioning the Articles of Charg .....

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vice. 4. The said submission of the learned counsel appearing for the petitioners-Union of India cannot be accepted. Sub-Rule (4) of Rule 14 of CCS (CCA) Rules,1965 requires that, the Disciplinary Authority shall deliver or cause to be delivered to the Government Servant a copy of the Articles of Charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article or charge is proposed to be sustained .... . Thus, sub-rule (4) of Rule .....

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