SUDHIR AGARWAL, J.

1. This writ petition has been filed by Sri Mustaq Ahmad Khan, who worked as "Civilian Clerk" in Ordinance Factory at Kanpur Nagar. He was imposed with punishment of "Compulsory Retirement" vide order dated 02.04.1991 where against appeal was also dismissed vide order dated 14.08.1992. His Original Application (hereinafter referred to as "O.A.") No. 1579 of 1992 filed under Section 19 of Administrative Tribunal Act, 1985 (hereinafter referred to as "Act, 1985") has also been dismissed by Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as "Tribunal") vide judgment and order dated 10.11.2000.

2. The aforesaid judgment, orders of punishment and appeal are under challenge. Petitioner has prayed for issue of a writ of certiorari for quashing the judgment and order of Tribunal and to direct respondents to reinstate petitioner after quashing the order of punishment.

3. Facts in brief, as stated in writ petition, are, that a memorandum was issued to petitioner on 12.09.1981 by Officer Incharge, AOC (Records), Trimulgherry, Secunderabad alleging that petitioner was convicted on a criminal charge under Customs Act, 1962 (hereinafter referred to as "Act, 1962"), as a result whereof his "conduct led to conviction" renders him undesirable to be retained in public service and he should be removed. Petitioner was given an opportunity to submit his representation against proposed penalty. Petitioner submitted reply dated 06.10.1981 stating that he has not been convicted on a criminal charge under Act, 1962 and if any such judgment of conviction has been passed by a Court, supply a copy thereof. He further stated that under Section 112 of Act, 1962 a penalty was imposed by Additional Collector of Customs, Muzaffarpur upon petitioner where against he preferred appeal which is pending. Further he said that the said penalty does not come within the purview of "conviction" of a criminal offence.

4. Thereafter another memorandum dated 20.12.1983 was issued cancelling office memorandum dated 12.09.1981. It is stated therein that Respondent-2, i.e., Disciplinary Authority proposes to hold an inquiry as per procedure prescribed under Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as "Rules, 1965"). The said memorandum appended with Statement of Article of Charge read as under:

"That the said Shri M.A. Khan while functioning as a civilian clerk in COD Kanpur during the year 1978 was arrested on 22 Mar 78 by the Custom Authority under section 104 of Customs Act 1962 as he was found carrying contraband goods from Nepal with his other associates. Later on the said customs case against Shri MA Khan had been adjudicated and a personal penalty of Rs. 10000/- was imposed on him under customs act 1962. The penalty was subsequently reduced to Rs. 5000/- by the Member of Central Board of Excise and Customs New Delhi and subject to this modification the order in original was upheld and confirmed on an appeal by the individual. Shri MA Khan thus committed an act of Gross Misconduct which led to imposition of the said penalty."

5. Evidence in support of charge stated in Annexures-3 and 4 to memorandum dated 20.12.1983 did not mention name of any witness and only documentary evidence proposed was, as under:

"(a) Station Headquarters, Kunraghat, Gorakhpur letter No. 626/1/A dated 30 May 78;

(b) Customs Preventive Division, Gorakhpur letter No. VIII (26)2-INT (78) Pt-1/708 dated 14 Jun 78;

(c) Office of the Deputy Collector of Customs (Preventive) Indo Nepal Boarder Gorakhpur letter No. VIII(26)-2-INT/ 78/ Pt-1/870 dated 22 Jul 81;

(d) Adjudication order No. 2-Cus/81 dated 31 Jan 81 passed by the Addl. Collector of Customs Indo Nepal Boarder, Muzaffarpur; and

(e) Office of the Deputy Collector of Customs (Preventive) Indo Nepal Boarder Gorakhpur letter No. VIII(26)2-INT/ 78/Pt-I 1191 dated 23 Oct 82."

6. Petitioner submitted a letter dated 27.01.1984 stat