JUDGMENT :

Dipankar Datta, J.

Writ Petition No. 5764 of 2021

THE QUESTION REQUIRING AN ANSWER

1. Should the disciplinary proceedings initiated against the petitioner under rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules by issuance of Memorandum of Charges dated October 23, 2013 (hereafter “the charge-sheet”, for short), served on him on October 29, 2013, i.e., immediately preceding his retirement on superannuation on October 31, 2013 as Commissioner of Customs and Central Excise, be interdicted and nullified on the ground of delay as well as subsequent acquittal in judicial proceedings, is the question that we are tasked to decide on this writ petition.

THE FACTS GIVING RISE TO THE WRIT PETITION

2. Reference to the facts and circumstances leading to institution of the writ petition, as a prelude to our decision, may not be inapt.

3. The petitioner was a member of the Indian Revenue Service (Customs and Central Excise) having been recruited in 1979. The incidents giving rise to the charge-sheet dated October 23, 2013 relate to an incident of July 10, 2000, when the petitioner was working as Additional Commissioner of Customs (Export Promotion) in the Expor