Hon'ble Judges/Coram:
Anil R. Dave and Kurian Joseph

JUDGMENT

Kurian Joseph, J.

1. 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 'Indian Penal Code') against the Respondent. Separate departmental proceedings were also initiated against him under Central Civil Services (Classification, Control and Appeal) Rules, 1965.

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

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 ........