Vague charges against Customs Superintendent issued after 11 years - quashed
THE charge against a Customs Superintendent read as,
The Superintendent had given "let export" order in respect of Shipping Bills No. 1033401, 1033402, 1033403 & 1033411 all dated 23.9,98 without exercising necessary checks and scrutiny of the documents in respect of the shipping bills, thus, causing a loss of Rs. 12,06,819/- to the Govt. exchequer by way of disbursement of duty drawback to a firm M/s Romil International having its office at H-305, New Rajinder Nagar, New Delhi as no remittances has been received against the goods exported under the above mentioned shipping bills. Had the Superintendent, worked with devotion and diligence the loss of Rs.12,06,819/- caused to the Govt. exchequer could have been prevented. ON this ground a Show Cause Notice under DRI F.No. 23/154/98-DZU, dated 17.6.1999 was issued to him by the DRI, New Delhi while adjudicating the above show cause notice vide Order-in-Original No. AKR/CC/ICD/TKD/47 dated 05.9.2003 held the Superintendent guilty of dereliction of duty.
The Central Administrative Tribunal quashed the charge sheet as it was issued 11 years after the event and even the allegations were not particularized.
The Charge sheet was issued on 26.3.2009 and the Superintendent retired on 1.4.2009 that is just five days after he got the memo. The so called dereliction of duty took place on 23.9.1998.
It took the government 11 years to issue the charge memo, and there was a delay in appealing to the High Court also. The High Court condoned the delay but dismissed the petition on 5.2.2010. Incidentally there was none to represent the Superintendent in the High Court.
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