JUDGMENT

A.N. Dikshita, J. - The instant petition has been directed against the order of the Collector, Central Excise and Customs, Allahabad dated 9-9-1980 stopping three increments of the petitioner (Annexure 15 to the writ petition) and the order of the Central Board of Excise and Customs, New Delhi dated 28-8-1981 (Annexure 18 to the writ petition) dismissing the appeal of the petitioner against the order of the Collector, Central Excise and Customs, Allahabad dated 9-9-1980.

2. The petitioner who was appointed on 20-10-1943 as a Supervisor in the Central Excise and Customs was later on promoted as an Inspector in the department of the Collector, Central Excise and Customs, Allahabad vide order dated 4th November 1955. During his posting as Inspector, Central Excise and Customs at Naugarh, Basti in B. G. (Border Guard) Unit Customs, the Assistant Collector, Customs, Gorakhpur made an official visit of the Unit on 9-5-1975 and found one K. G. of Ganja and five pieces of pardah (curtain cloth of Indian origin) in the official almirah which was in possession and custody of the petitioner. It was also found by the Assistant Collector that the XT-I diary had not been properly maintained by the petitioner. The Assistant Collector not being satisfied with the explanation of the petitioner was of the view that the petitioner was in illegal possession of the articles as they were not properly sealed. The Assistant Collector, Gorakhpur again visited the Unit and endorsed on the XT-I diary the word "seen" and ante dated it as 9-5-1975. The petitioner complained to the Collector, Central Excise and Customs. Patna against this illegal action of the Assistant Collector, Central Excise, Gorakhpur. The petitioner was later transferred some time in June 1975 to Gorakhpur and posted as Inspector, Central Excise and Customs, Gorakhpur. During such posting at Gorakhpur the petitioner was served with a charge sheet dated 8-10-75 issued by the Asstt. Collector, Central Excise, Gorakhpur containing four charges viz. (i) illegal possession of Ganja; (ii) illegal possession of curtain cloth of Indian original (iii) manipulation in the diary; and (iv) making a false complaint against his immediate superior officer. A reply to the above charges was submitted by the petitioner on 18/21-10-1975 denying the charges and requesting for affording him an opportunity of personal hearing to meet the veracity of the charges contained in the aforesaid charge sheet.

3. On 31-10-1975 one Sri P. N. Singh, Superintendent, Central Excise was appointed as an Enquiry Officer to enquire into the charges against the petitioner. The Enquiry Officer, Sri P. N. Singh, reported to the Assistant Collector, Central Excise, Gorakhpur that after a perusal of the records he has come to the conclusion that it is not a fit case for enquiry and recommended that the disciplinary proceedings initiated against the petitioner be dropped. However, the disciplinary proceedings instead of being dropped as recommended by the Enquiry Officer Sri P. N. Singh, another Enquiry Officer Sri A. O. Sinha was appointed in his place on 29-9-1976 who commenced the disciplinary proceedings. The petitioner submitted a detailed reply to the charge sheet dated 8-10-1975 on 16-1-78 refuting all the charges levelled against the petitioner. On the conclusion of the disciplinary proceedings the Enquiry Officer Sri A. C. Sinha submitted his report to the Assistant Collector, Central Excise, Gorakhpur who was the disciplinary authority in the case of the petitioner, observing that none of the charges contained in the charge sheet dated 8-10-1975 were found proved against the petitioner. The Assistant Collector, Central Excise, Gorakhpur who was the disciplinary authority in the case of the petitioner took a decision on 12-4-1978 concurring with the findings of the Enquiry Officer Sri A. C. Sinha and exonerated the petitioner of all the charges levelled against him. The petitioner having been exonerated of all