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The applicant who has joined as a LDC In the office of the respondent on 24,02.1984 came to be transferred In the same capacity from New Delhi on 01.09.1987 and joined in the office of the Deputy Director, Save Grain Campaign office. By order dated 02.02.1998, the applicant came to be transferred to the office of the Development Commissioner, Madras, Export Processing Zone, on 06.05.2010, the applicant came to be promoted to the post of UDC. On 01.02.2019, the 4" respondent has issued a note and sought for explanation from the applicant regarding his absence at the time of Flag Hoisting in the 70" Republic Day. Applicant has submitted a sultable reply. Further on 06.12.2019, the 4" respondent has Issued a memo seeking explanation from the applicant and his superior Assistant Development Commissioner questioning the delay in updation of SEZ online pertaining to the renewal of letter of approval with respect of M/s. ATC Tyres Private Limited. On 11.12.2019 applicant has submitted his reply to the memo. On 12.02.2020 the 4" respondent issued a stern warning as to not to repeat such mistake. Although no lapse was specifically proved, 2.1 On 11.11.2019, an office order was Issued by the 2" respondent that the verification and certificate of the SOFTEX form being done by the Assistant Development Commissioner shall henceforth be carried out by the authorized officer posted from the Customs side at SEZ in respect of units under their jurisdiction. According to the applicant certain clarifications has been issued by the 2" respondent In respect of implementation of the said orders. Though the applicant was following with the said orders, however on 20.07.2020, an office memorandum is issued by the 3" respondent alleging that in spite of the office order dated 11.11.2019, some SOFTEX in SEZ online were verified in the name of applicant and call the explanation from the applicant to his position on 21.07.2020 at 13.05pm. Applicant has recelved the said memo on 21.07.2020 and preliminary enquiry was conducted and applicant was issued a suspension order on 08.09.2020 by 1* respondent.
(iv) Chhedi Lal Vs. Union of India (CAT-Delhi OA No.1377/2008 dt.
26.02.2009)
(v) Dr.Hira Lal Vs. M/o Health & Family Welfare (CAT-Delhi OA No.1926/2015 dt. 01.08.2017)
5. Heard M/s.S.Harinyi for the applicant and MrkK.Rajendran. for the respondents and perused the OA along with relevant records.
6. Itis to be noted that on 11.11.2019, an office order was Issued by the 2°¢ respondent directing that the verification and certification of the Softex Form being done by the Assistant Development Commissioner shall hence forth be carried out by the authorized officers posted from the customs side at SEZ in respect of the units under thelr jurisdiction. Further, on 22,11.2019, an office order was issued by the 2™ respondent directing the Softex form pending at initiation level till 11.11.2019 was required to be transferred to the authorised officer and any difficulty in the implementation was to be brought to the notice of the department. Again on 05.03.2020, an office order was issued by the 2™ respondent directing that Softex form pending at initiation level till £1.11.2019 was to be verified and certified by Assistant Development Commissioner along with the assistance of the Q applicant as the initiator. On 03.07.2020, an office order issued by the 27° respondent reiterating the office order dated 05.03.2020 issued by the 2™ respondent. On 20.07.2020, an office memorandum issued by the 3° respondent alleging that inspite of the office order dated 11.11.2019 some Softex forms In SEZ online were verified In the name of the applicant and calling upon the applicant to explain his position on 21.07.2020 at 12,.05pm. The applicant received the memo on 21.07.2020 and on the same day an enquiry was conducted. In the said inquiry, prima facie case has been made out against the applicant. To initiate the detail inquiry to dig out the truth, therefore by issuing a charge memo dated 06.10.2020 the respondents have issued article of charge along with annexures to which the applicant has also submitted his detailed written statement on 27.10.2020.