M. H. KANIA, S. MOHAN
Union Of India – Appellant
Versus
R. K. Desai – Respondent
ORDER
1. This is an appeal from the decision of the Central Administrative Tribunal, Ahmedabad {Ed.: Ramesh K. Desai v. Union of India, (1991) 18 ATC 675}. The respondent is an Income Tax Officer. By a memorandum dated March 23, 1988 the respondent Income Tax Officer was informed that the Commissioner of Income Tax proposed to hold an inquiry against him under Rule 14 of Central Civil Services (CCA) Rules, 1965. It was alleged that the substance of the imputations of misconduct or misbehaviour in respect of which the inquiry was proposed to be held was set out in the enclosed statement of articles of charge. By the said memorandum, the respondent was called upon to show cause why an inquiry should not be held against him. On July 7, 1988, the respondent submitted his reply to the show-cause notice denying any misconduct on his part. On July 11, 1988, the Commissioner of Income Tax appointed an inquiry authority officer to inquire into the charges.
2. The said show-cause notice and the appointment of Enquiry Officer was challenged by the respondent by a petition filed before the Tribunal. By the impugned judgment, the Tribunal has quashed and set aside the said show-cause notice.
3. It
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