ALL INDIA ASSOCIATION OF CENTRAL
EXCISE
GAZETTED
EXECUTIVE OFFICERS
President: Address
for communication:
Secretary General:
A. Venkatesh 240, Razapur,
Ghaziabad-201001 (U.P.)
Ravi Malik
Mob.7780255361 mail
Id:ravimalik_sweet@yahoo.com,
Site: cengoindia.blogspot.in Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena,
SomnathChakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy,
M. Jegannathan (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint
Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, SanjeevSahai
(West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar
(South); Anand Kishore, AshutoshNivsarkar (Central)
Office Secretary: C. S. SharmaTreasuer: N. R. MandaOrganising
Secretary: SoumenBhattachariya
(Recognised by G.O.I., Min. of Fin. vide
letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 274/AIB/V/18 Dt. 16.10.18
To,
Sh.
S. Ramesh,
Chairman,
CBIC,
North
Block, New Delhi.
Sub: Vigilance cases.
Sir,
It is to submit with due regards that it has become a practice in our CBIC to conduct parallel departmental proceedings in the cases where the officer is under criminal prosecution (corruption cases) in the legal court. The proceedings are kept continued under Rule 14 or notice is being issued under Rule 19A proposing for dismissal.
It is to submit with due regards that it has become a practice in our CBIC to conduct parallel departmental proceedings in the cases where the officer is under criminal prosecution (corruption cases) in the legal court. The proceedings are kept continued under Rule 14 or notice is being issued under Rule 19A proposing for dismissal.
2. The proceedings are
being continued despite of the appeal by the officer being pending before the High
Court after conviction by the trial court considering that no stay has been granted
against the conviction order. The proceedings are kept continued under Rule 14
or notice issued under Rule 19A proposing dismissal without any mercy, even if
the punishment is stayed by the High Court. It is worth to mention that such
proceedings or issuance of notices after stay against fine/penalty or
suspension of the punishment seems to be totally against the principle of
natural justice. Such proceedings or the issuance of the notices are continued
even after acquittal of main accused or against the favourable legal opinion or
even against the acceptance of the legal opinion. Such things don’t seem to be
in the interest of the justice.
3. In the case of
acquittal as well as the proceedings being concluded in the favour of the
officer for exoneration also, the vigilance clearance is kept in abeyance
citing that the acquittal order is under appeal. It is worth to submit that
there are also the decisions of High Courts and Supreme Court ruling that vigilance
clearance cannot be kept in abeyance citing the pendency of appeal against the
order of the acquittal. There also exist legal verdicts ruling that the departmental
proceedings on the same set of charges stand obviated when there is a clear-cut
acquittal. There also seems no administrative rule/OM/instruction/circular to
exist keeping the order of acquittal as suspended in the cases where appeal has
been preferred.
4. In the departmental
cases, which have been settled with exoneration or imposition of penalty, the
notices for penalty/higher penalty or dismissal are being issued. In the cases,
where the enquiry report is in the favour of the officer and duly accepted by
the concerned authority, a fresh enquiry is being proposed/initiated.
5. There are also the
cases that the charge-sheet is issued to the officer just before his/her
promotion. As a result, the promotion is stopped.
6. In view of the
above, it is requested to kindly ask the concerned authorities to take a
sympathetic and lenient view in such cases keeping in view that the officer has
already suffered a lot from mental, social and administrative trauma on account
of facing long proceedings. It is worth to submit that other departments except
ours always take sympathetic view in such cases to protect their employees in
the interest of the justice.
Thanking you,
Yours sincerely,
(RAVI MALIK),
Secretary General.
