ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this OA, applicant sought the following relief:

“…….to declare all the proceedings leading upto and including the proceedings under the F.No.C/14011/2/2007/V&L (P&T) dt. 26.9.18of the 1st applicant as arbitrary, illegal and violative of Art. 14 & 21 of the Constitution of India and by nullifying the same direct the respondents to release all the benefits withheld and due with interest at 12% p.a. on the withheld and delayed payments including gratuity, leave salary and due promotions and pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

2. Brief facts of the case are that the applicant had joined the service of Income Tax Department as Inspector of Income Tax in 1970 and earned promotions and retired from service on 31.08.2007 as Joint Commissioner of Income Tax. During his service, he was issued a Charge Memo dt. 24.01.2007. The applicant had submitted his explanation refuting the charges. Thereupon, an inquiry Officer was appointed, who on conducting an Inquiry had submitted his report dated 18.08.2012 holding charges II and III proved and IV partl