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ABHINAND KUMAR SHAVILI, LAXMI NARAYANA ALISHETTY
G. Srihari Naidu – Appellant
Versus
Union of India – Respondent
ORDER :
(Laxmi Narayana Alishetty, J.)
This Writ Petition is filed aggrieved by the order passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, in O.A.No.780 of 2012, dated 19.09.2018.
2. Heard Sri J.Sudheer, learned counsel for petitioner and the learned Deputy Solicitor General of India appearing for respondents.
3. The brief facts leading to filing the present writ petition are as under:
3.1. While the petitioner was working as Superintendent, Bolarum III Range of Hyderabad-1 Commissionerate, he was issued with charge sheet, dated 27.04.2006 alleging that during the period from 21.05.2002 to 31.05.2003, he did not exercise proper control over the affairs of the factory of M/s. Handum Industries Limited (HIL), a 100% Export Oriented Unit (EOU), having factory at Medak District, manufacturing re-rolled products such as M.S.Rods, Bars, Flats, Channels, Angles etc. It was contended that M/s.HIL imported duty free raw materials viz., non-alloy steel blooms, billets, slabs and Ingots etc., and diverted the same to DTA without actually bringing the products to the factory for their intended use; that the petitioner accommodated the assessee in filing the fabricated
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The admissibility of a statement and the validity of a retraction, as well as the role of the accused in the commission of the offense, are crucial in determining liability under the Customs Act.
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Disciplinary proceedings require oral evidence for proving charges; failure to provide a witness list vitiates the inquiry, emphasizing adherence to natural justice standards.
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