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DELHI HIGH COURT
D.MURUGESAN, V.K.JAIN
S.P. Mangla – Appellant
Versus
Export Inspection Council of India – Respondent


JUDGMENT

V.K. Jain, J.

1. 1. The appellant before us, Shri S.P. Mangla, was working as Deputy Director in Export Inspection Agency, Delhi. On receipt of intimation for inspection of a consignment of 100 fans, from M/s Jeevan Engineering Works, Dlehi, an inspection of the said consignment was carried out by Shri S.K. Caroli, Assistant Director and the consignment was declared export worthy on 4.7.1983. The appellant, however, rejected the said consignment on 5.7.1983 on the ground that it did not meet the requirement of IS.374-1979 in respect of power input and air delivery. The rejection letter was received by M/s Jeevan Engineering Works only on 24.7.1983, though the Office Circular dated 21.10.1983 required such certificate to be dispatched within 48 hours of inspection. Since the respondent no.1 was not satisfied with the explanation furnished by the appellant for rejecting the said consignment and the delay in dispatch of the rejection letter, a charge-sheet containing the following charges was served upon the appellant:

    "Statement of Articles of Charges Framged Against Shri S.P. Mangla, Deputy Director, Export Inspection Agency, Delhi.

    ARTICLE-I

    Shri S.P. Mangla, while funct

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