Dismissal without inquiry is valid when justified under Article 311(2) of the Constitution, especially in cases involving serious misconduct.

ORDER

PER: MR. SANTOSH MEHRA, MEMBER (A)

In this OA, the applicant has asked for the following reliefs:

a. To call for records pertaining to the impugned order dated 08.11.2024 in reference No. GEXCOM/VIG/129/2024-VIG O/o COMMR-CGST-BENGALURU (S), passed by the 4^th Respondent (vide ANNEXURE – A17).

b. To quash the impugned order dated 08.11.2024 in reference No. GEXCOM/VIG/129/2024-VIG O/o COMMR-CGST- BENGALURU (S), passed by the 4^th Respondent (vide ANNEXURE – A17).

c. Direct the Respondents to reinstate the Applicant with all consequential benefits.

d. Pass any other order or direction that this Hon’ble Tribunal deems fit and necessary in the facts and circumstances of the present case and in the interest of justice and equity.

The facts in nutshell are as follows:

1. The applicant joined the Department of Central Excise, under Ministry of Finance as a group B officer on 23 April 2016 as Inspector of Excise.

2. ⁠ He was promoted to the post of Superintendent of Central Excise on 31 December 2019.

3. ⁠ He along with some other accomplice officers entered the premises of an individual who was allegedly carrying out some illegal business including evasion of taxes of more than Rs. 50 Crores.

4. ⁠ On the basis of certain information received from these people who according to the applicant, were indulging in illegal business, the applicant was suspended by an order dated 11th September 2024. Also a criminal case was registered against him on 09.09.2024 vide FIR in Cr.NO.0231/2024 under sections 115(2), 126(2), 127(2), 140(2), 198, 204, 308(2) and 61(1) of the Bharatiya Nyaya Sanhita (BNS) 2023 at Baiyyappanahalli Police Station. He was arrested and subsequently released on bail on 04.10.2024.

5. ⁠ On 8^th November 2024, the Respondents passed an order inflicting a major penalty of Dismissal from Service on him under Article 311 (2).

6. ⁠ The applicant has approached this Tribunal, through this OA asking for the reliefs mentioned as above.

7. ⁠It is stated by the learned counsel for the applicant that throughout, the applicant had an outstanding professional record. Due to his exceptional performance and considering his good service and seniority, he was promoted from Inspector of Excise to Superintendent of Central Tax Excise in less than four years, i.e. on 31 December 2019. That his service record is outstanding is reflected from the very high grades he has got in his APARs. These APARs are mentioned as below:-

⁠ Likewise, the officers who accompanied the applicant also had outstanding career records. One of them has a blemish free career record of over 30 years.

8. It is further stated that based on specific information the applicant and three other accomplice officers had visited the Aishwarya Residency on 30th August 2024, to meet an informer, regarding the illegal business and evasion of taxes of more than ₹50 crores by certain individuals associated with Varjar Creations Pvt. Ltd.

Regarding this visit by the applicant, he had kept his higher superiors informed.

9. ⁠ It is stated that following their visit, the applicant and his three other accomplice officers were to take necessary follow-up action on the documents and materials which they had secured during their visit. However, before the applicant could take the required action, a complaint was lodged against him on 9^th September 2024 at the Baiyyappanahalli Police