The court affirmed the authority's invocation of Rule 19 of the CCS (CCA) Rules, allowing dismissal without a formal inquiry due to impracticability amidst a detention under COFEPOSA.

ORDER

Per: Justice Sunil Thomas, Judicial Member –

The applicant was the Superintendent of the Central Excise & Customs in Intelligence Section of Air Customs Unit at Trivandrum and was on Xray Machine duty of incoming hand baggages on 13.5.2019. On that day, officials of the Directorate of Revenue Intelligence (DRI) intercepted two passengers by names Sunilkumar Mohanakumaran Thambi and Sareena Shaji who had arrived at the airport, from Dubai. On examination of their baggage by the DRI officials, 25 gold bars weighing 24,998.61 grams valued at 8,17,45,455/- were found and seized as per law. Statements of the accused and witnesses were recorded. It was revealed in the course of investigation that applicant had facilitated the smuggling of gold. The mobile of the applicant who was on duty at the Xray machine at the relevant time and other documents were seized. The house of the applicant was simultaneously raided, and several articles were seized.

2. It was alleged by the DRI that the applicant had connived with the smuggling racket in enabling smuggling through carriers and had on several earlier occasions smuggled huge quantity of gold to Kerala. The applicant was arrested on 23.5.2019 and detained in custody. Records reveal that he was released on bail on 5.7.2019. The applicant was suspended from service on 23.5.2019. The Ministry of Finance by communication dated 27.9.2019 ordered that the applicant be detained under Preventive Detention under the COFEPOSA Act . Accordingly, the applicant was detained on 12.12.2019.

3. While so, the 4^th respondent Commissioner of Customs issued Annexure A4 show cause notice dated 20.1.2020 to the applicant invoking Rule 19 of the CCS (CCA) Rules, 1965. It was addressed to the applicant through the Superintendent of Prisons, Central Jail, Trivandrum, since at that point of time he was detained under COFEPOSA Act . In Annexure A4, the authority, after referring to various records, alleged that the materials placed before him revealed that the applicant had connived with one Vishnu Somasundram one of the kingpins of the smuggling racket and had orchestrated a smuggling plan by himself manning XRay scanner and allowed to pass through Xray scanner on various occasions, hand luggages of 26 carrier passengers, who had brought gold for the smuggling racket and had arrived at Trivandrum airport on various dates during the period from 19.10.2018 to 11.5.2019. It was alleged that thus the applicant abetted the smuggling of 705 kilograms of gold by conniving with the kingpins of a smuggling racket. It was alleged that he managed to man the XRay scanner machines on all the above occasions. It was further stated that on the basis of the materials placed before him, the authorities found that it was a fit case for initiation of action under Rule 14 of the CCS (CCA) Rules, 1965. However, as the officer had been detained and behind bars it was not reasonably practical to hold the inquiry contemplated under the provisions/procedures prescribed under Rule 14 of CCS (CCA) Rules, 1965. At the same time, it was not in the interest of justice to keep the case pending until the officer surrenders. Accordingly, it was held that since the officer concerned had been detained under the COFEPOSA Act and behind the bars and not available for an inquiry proceedings under Rule 14 of CCS (CCA) Rules, in public interest and also in the interest of justice there existed sufficient cause for dispensing with the formal inquiry as it was not reasonably practical to hold the inquiry contemplated under Rule 14 and therefore, decided to take recourse under Rule 19(ii) of the said Rules. Accordingly, the applicant was informed that the authority proposed to