P.Sathasivam, J.: Aggrieved by the order of the Central Administrative Tribunal dated 19.8.2004 made in O.A.No.55 of 2004, Ministry of Defence, Department of Revenue, Central Board of Excise and Customs. Government of India. New Delhi and the Commissioner of Customs. Chennai have preferred the above writ petition.

2. For convenience, we shall refer the parties, as arrayed before the Tribunal.

3. The applicant joined service as Lower Division Clerk on 8.1.1962 and was promoted as Upper Division Clerk in 1970 and further promoted as Preventive Officer in November. 1982 and retired on superannuation on 31.7.2000. A charge memo dated 1.7.1998 was issued to the applicant on the ground of lack of devotion to duty, thereby contravening Rule 3(1)(ii)(iii) of Central Civil Services (Conduct) Rules. 1961 (in short “the Rules”). Along with the applicant, other Preventive Officers were also issued with charge sheet and common enquiry was held against all the delinquents, in which the applicant also participated. The Enquiry Officer’s report dated 15.4.2002 holding that the charges proved was served on the applicant. The applicant submitted his representation to the disciplinary authority on 26.9

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