Shri. Peeyush Kamalkumar Pandey v. Union Of India And ORS

DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11705 OF 2019 Peeyush Kamalkumar Pandey ..Petitioner vs.

Union of India & ors.

..Respondents ...........

Mr. S.V. Marne for petitioner.

Mr. Neel Helekar a/w. Mr. A.A. Garge for respondents. ...........

CORAM : RANJIT MORE & M.S.KARNIK, JJ.

DATE : 14th NOVEMBER, 2019 P.C.:- Heard.

2.

The petitioner was charged for violating Rule 3(1)(i), 3(1)(ii) and 3(1)(iii) of the Central Civil Services (Conduct) Rules, 1964 since he was found in possession of huge amount of cash of Rs.96,92,101/- and found in possession of assets disproportionate to his known sources of income to the tune of Rs.1,02,07,172/-. Along with the disciplinary inquiry criminal proceedings are going on. 1/3

3.

The petitioner did not remain present in the inquiry proceedings which was preliminary in nature. The Inquiry Oficer therefore proceeded exparte and closed the inquiry and now the matter is pending before the Disciplinary Authority to take action against the petitioner. 4.

At this stage, the petitioner approached the Central Administrative Tribunal ('CAT' for short). He relied upon the departmental instructions contained in the communication dated 24/2/2011 by the Central Board of Excise & Customs to the efect that even in exparte inquiry the Inquiry Oficer is duty bound to summon the witnesses and record the deposition.

5.

Initially the Tribunal granted the stay to the proceedings before the Disciplinary Authority. However, by the impugned order stay is vacated mainly on the ground that the petitioner's application is premature and the petitioner is at liberty to raise his objection before the Disciplinary Authority.

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6.

Having considered the rival submissions of the respective counsel and having gone through the impugned order, we do not fnd any reason to interfere with the same. However, in order to protect the interest of the petitioner we direct that in the event of any order adverse to the petitioner by the Disciplinary Authority, same shall not take efect by 2 weeks from the communication to the petitioner thereof.

7.

Subject to above, the Petition is disposed of. (M.S.KARNIK, J.) (RANJIT MORE, J.) Digitally signed by Diksha Rane Date:

2019.11.19 11:28:53 +0530 Diksha Rane 3/3