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1972 Supreme(Ker) 33

HEGDE, K.K.MATHEW
C. L. SUBRAMANIAN – Appellant
Versus
COLLECTOR OF CUSTOMS, COCHIN – Respondent


Judgment :-

1. This is an appeal by special leave. The appellant was a Preventive Officer, Grade II, Customs Office, Cochin from June 16,1962 to January 31, 1963. In April 1962, he applied to the Assistant Collector of Customs, seeking permission to allow his wife to run a taxi service. He was informed that no permission was necessary for his wife to operate a taxi service but he should not canvass any business for his wife. Thereafter, it is said that the appellant acting on behalf of his wife purchased some cars which were used as taxis. It appears that there were several complaints against the appellant to the effect that he was canvassing business for his wife. Those complaints were enquired into. Thereafter on March 25, 1963 the appellant was served with a memorandum stating that while functioning as Preventive Officer, Grade II, Cochin Customs House, during the period June 1962 to January 31, 1963 he had contravened the provisions of R.12 (1) of the Central Civil Services (Conduct) Rules, 1955. The factual allegation made against the appellant was that he canvassed business for his wife. He was told that an enquiry will be held against him on the basis of that charge.

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