Manojit Bhuyan, J.

1. At the relevant time the Respondent i.e. Bamin Tari was serving as the Additional Commissioner in the Department of Customs & Central Excise, being so promoted w.e.f. 30.7.2009. Memo of charges was issued against him on 5.3.2014/7.3.2014 under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (in short the “1965 Rules”) as follows:

“Article-I

Shri Bamin Tari, while posted as Deputy Commissioner of Customs, Inland Container Depot (ACTL.) Ballabhgarh (Haryana) during the period from April 2002 to February 2003 at ACTL, Ballabhgarh and while holding supervisory charge of processing of shipping bills and examination of export consignments in the Export Shed, failed to detect the over valuation of export goods with respect to export by M/s Sunrise International, M/s Tech Industrial Corporation, M/s Brightwel Enterprises, M/s International Engineers and M/s Vikrant Overseas and allowed them to avail undue Duty Entitlement Pass Book (DEPB) benefits to the tune of about Rs.8.61 Crores at the cost of Government exchequer. He allowed final processing of shipping bills and the consignments to be “let exported”. Shri Bamin Tari,