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Union of India Vs. P. Gunasekaran [19/11/14]

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[Civil Appeal No.......... /2014 arising out of S.L.P. (Civil) No. 23631 of 2008]. 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 'IPC') against the respondent. Separate departmental proceedings were also initiated against him under Central Civil Services (Classification, Control and Appeal) Rules, 1965. 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.

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