Neighborhood disputes, especially involving family members, do not constitute official misconduct, and disciplinary proceedings initiated on such grounds without substantial evidence violate principles of natural justice.

ORDER

Hon’ble Mr. Rajinder Kashyap, Member (A):

By filing the present OA under Section 19 of the Administrative Tribunals Act, 1985 , the applicant is seeking the following reliefs:-

"a. To allow this present Application;

b. To quash and set aside the impugned ‘Charge-sheet’ dated 16/08/2022;

c. To accordingly direct the Respondent nos. 1 & 2 to initiate ‘Departmental Action’ against Respondent nos. 3, 4, 5 & 6 & their coterie of vindictive ‘associates’ for their malafide & sinister role in furthering the undue harassment & torture of the Respondent & his dependent family members in the Society while mis-using their ‘Official powers & capacity’ to wreak their ‘personal vendetta’ and blatantly & glaringly violate all ‘rules/ regulations/ norms/ principles’ in this regard.

d. To direct Respondent nos. 1 & 2 to take administrative action against the sham & fake ‘witnesses’ who have given untruthful ‘Statements’ against the Applicant & his family members to Respondent nos. 1, 2, 4, 5 & 6 in order to implicate the Applicant in the Department. That due to their untruthful & mendacious ‘Statements’- Respondent nos. 1 & 2 got an excuse to drag the ‘names & identities’ of the Applicant’s dependent family members in these vindictive & vicious Departmental ‘Disciplinary Proceedings’ instituted against the Applicant.

e. to allow exemplary costs of the Application."

BRIEF FACTS OF THE CASE

2. The applicant is a direct Indian Revenue Service (IRS) Officer (GST & Customs) of 2012 Batch, who has represented the country at several conferences/seminars/symposiums across the world as the applicant worked at the National Committee on Trade Facilitation (NCIF) Secretariat, Directorate General of Export Promotion (DGEP) and World Customs Organization (WCO) Cell of C.B.I.C. from 2016-19.

The applicant had also played a critical role in conceptualizing, framing & finalization of India's first National Trade Facilitation Action Plan (NTFAP) (2017-2020) and was one of its 'three authors' as well and the same was prepared in accordance and in compliance with the 'Articles' of World Trade Organization (WTO) – Trade Facilitation Agreement (TFA), which came in force across the globe in 2017. The applicant was also selected to represent the nation at several seminars/ conferences across the globe with respect to 'issues' related to 'Ease of doing Business & Trade Facilitation' and 'International Trade & Customs' such as :

(i) U.S.A. (Pacific Northwest National Laboratory, Department of Energy, Richmond, Washington);

(ii) U.K. (His Majesty 's Revenue & Customs Council H.M.R.C.);

(iii) E.U. (European Union) & Belgium (World Customs Organization, -WCO)

(iv) Thailand (Asian Development Bank (A.D.B. ), Bangkok);

(v) South Korea (Customs Co-operation Council for Asia Pacific Countries at Cheonan & Seoul City) etc.

2.1 It is further stated that the applicant has always been appreciated by the heads of these various Customs/ bilateral & multilateral formations & organizations; each time the applicant was selected to represent the country at such Trade related forums/ conferences.

2.2 It is also stated that the applicant while discharging the duties of Deputy Commissioner (in short 'DC') in Central Board of Indirect Tax and Customs (in short 'CBIC') was allotted the Quarter No. A-2/D, Vatika Apartments, Mayapuri, New Delhi wherein he along with his dependent family members (senior-citizen parents, widow sister and her minor daughter) was residing.

2.3 It is stated by the