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"Shri M.S. Bali, HAG level officer of the Indian Postal Service, at present under suspension, while working as Chief Postmaster General, Maharashtra & Goa Circle, Mumbai between 14.7.2008 and 24.2.2010 misused his official position by taking on 24.02.2010 the decision to issue NOC in respect of plot no.177 of Mira Bhayander Municipal Corporation for Posts & Telegraph under the Mira Bhayander Development Control Regulations, in undue haste without taking into account all the relevant facts, which resulted in an injudicious decision as regards the shifting of Mira Road Post Office, and also failure in addressing major issues related to the reserved plot no.177, and then in undue haste got the NOC letter no.Bldg/4- 37/MaujeBhayander/82-83 issued on 24.02.2010 itself by Shri G.R. Nagrale, Assistant Director, Office of PMG Mumbai Region, in an irregular manner to an unauthorized person, with ulterior motive. It is, therefore, alleged that the said Shri M.S. Bali by committing the said grave misconduct, failed to maintain absolute integrity, failed to maintain devotion to duty, and acted in a manner unbecoming of a Government servant, and thereby violated Rule 3(1)(i), Rule 3(1)(ii) and Rule 3(1)(iii) of the CCS (Conduct) Rules, 1964."

12. The charge memorandum, as issued to the petitioner, on the other hand, reads as follows:

"Shri M.S. Bali, HAG level officer of the Indian Postal Service, at present under suspension, while working as Chief Postmaster General, Maharashtra & Goa Circle, Mumbai between 14.7.2008 and 24.2.2010 misused his official position by taking on 24.02.2010 the decision to issue NOC in respect of plot no.177 of Mira Bhayander Municipal Corporation for Posts & Telegraph under the Mira Bhayander Development Control Regulations, in undue haste without taking into account all the relevant facts, which resulted in an injudicious decision as regards the shifting of Mira Road Post Office, and also failure in addressing major issues related to the reserved plot no.177, and then in undue haste got the NOC letter no.Bldg/4- 37/MaujeBhayander/82-83 issued on 24.02.2010 itself by Shri G.R. Nagrale, Assistant Director, Office of PMG Mumbai Region, in an irregular manner to an unauthorized person, with ulterior motive of obtaining illegal gratification. He was arrested by the CBI CAN Mumbai on 25.02.2010 on being caught while accepting the bribe. It is, therefore, alleged that the said Shri M.S. Bali by committing the said grave misconduct, failed to maintain absolute integrity, failed to maintain devotion to duty, and acted in a manner unbecoming of a Government servant, and thereby violated Rule 3(1)(i), Rule 3(1)(ii) and Rule 3(1)(iii) of the CCS (Conduct) Rules, 1964."