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JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. /2014

[Arising out of S.L.P. (Civil) No. 23631 of 2008]

Union of India and others

… Appellant (s)

Versus

P. Gunasekaran

… Respondent (s)

J U D G M E N T

KURIAN, J.:

Leave granted.

2.

Respondent, while working as Deputy Office

Superintendent, Central Excise Third Division, Coimbatore was

arrested by Police in a criminal case involving cheating and

extortion of money. The police registered a criminal case under

Sections 143, 319 and 420 of the Indian Penal Code (45 of 1860)

(hereinafter referred to as ‘IPC’) against the respondent.

Separate departmental proceedings were also initiated against

him under Central Civil Services (Classification, Control and

Appeal) Rules, 1965.

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3.

Following are the three articles of charge:

“ARTICLE-I

That the said Shri P. Gunasekaran, Deputy Office

Superintendent (Level-II) (under suspension of

Central Excise, Headquarters Office, Coimbatore

while working in the Valuation Cell, Hqrs. Office,

Coimbatore came to the office on 23.11.1992, in

the morning and signed the attendance register, in

token of having come to the office and left office

without permission and came to the office the next

day, i.e., on the morning of 24.11.1992, and

affixed his initials in the departure column against

the dated 23.11.1992 and willfully falsified the

official register. He has thereby committed gross

misconduct and failed to maintain absolute

integrity and devotion to duty and has behaved in

a manner unbecoming of a Government servant,

in contravention of the provisions of Rule 3(1)(i),

3(1)(ii), 3(1)(iii) of Central Civil Services (Conduct)

Rules, 1964.

ARTICLE-II

That the said Shri P. Gunasekaran, being a

ministerial Officer impersonated himself as a

Central Excise Executive Officer and on

23.11.1992 about 2.30 p.m. unauthorizedly

conducted passenger checks in a public transport

bus at Ukkadam Bus Stand, by usurping the

powers of Executive Officer and thereby

committed gross misconduct and failed to

maintain absolute integrity and devotion to duty

and behaved in a manner unbecoming of a

Government servant in contravention of the

provisions of Rule 3(1)(i), 3(1)(ii) and 3(1)(iii) of

CCS (Conduct) Rules, 1964.

ARTICLE-III

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That the said Shri P. Gunasekaran, on

23.11.1992 at about 2.30 P.M., abused his position

unauthorisedly conducted passenger check, by

usurping the powers of Executive Officer,

threatened a passenger bound for Kerala and

thereby committed gross misconduct and failed to

maintain absolute integrity and devotion to duty

and behaved in a manner unbecoming of a

Government servant in contravention of the

provisions of Rule 3(1)(i), 3(1)(ii) and 3(1)(iii) of

CCS (Conduct) Rules, 1964.”

4.

In the disciplinary inquiry, all the charges were proved

and, on due procedure, the respondent was dismissed from

service by order dated 10.06.1997. The said order of dismissal

dated 10.06.1997 was challenged before the Central

Administrative Tribunal, Chennai Bench in O.A. No. 805 of 1997.

During the pendency of the original application before the

Central Administrative Tribunal, in criminal appeal, the First

Additional District and Sessions Judge, Coimbatore acquitted the

respondent.

5.

The Central Administrative Tribunal, vide order dated

27.10.1999, took the view that the respondent having been

acquitted on identical set of charges, he could not be proceeded

against in respect of second and third articles of charge in the

disciplinary proceedings. However, on the first Charge, the

Tribunal held as follows:

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“11. … There is one another charge on which, the

app