HC relief to 2 former Excise officials accused of allowing landing of explosives

The Bombay High Court has granted relief to two retired Central Excise officials nearly 20 years after disciplinary action orders against them for allegedly allowing landing of explosives used in the 1993 serial bomb blasts in the cityThere was no evidence to prove the charges against them in the departmental proceedings a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor said while quashing the disciplinary action ordersThe duo S M Padwal and Yashwant Lotale retired superintendents of the Central Excise department shall be entitled to all consequential benefits such as arrears of salary and pension which shall be made available to them within two months the HC said in its judgment on March 4Twelve bombs went off at different locations in Mumbai on March 12 1993 killing 257 persons and injuring more than 700 othersA special court later convicted 100 persons in the case and acquitted 23 othersThe HC noted that Padwal and Lotale did not face any criminal trial in the caseBased on the alleged evidence available the charges against them do not stand proved it saidOur indefeasible conclusion is that it is a case where there was no evidence at all and accordingly the conclusion arrived at by the disciplinary authority while passing the punishment orders is erroneous the HC saidThe high court said the only evidence available against them is the alleged confessional statements made by the accused persons to the police during investigationIn our opinion this confessional statements could not be made basis of inflicting the punishment upon the employees in this case the bench saidPadwal and Lotale were charged for accepting illegal gratification to permit landing of the consignments containing explosives arms and ammunition that were used in the bomb blastsThey were charged with failure to maintain absolute integrity and devotion of duty and for having acted in a manner unbecoming of a government servantWhile Padwal was ordered to be dismissed from service Lotale was handed over compulsory retirement and was held to be entitled to only 65 per cent of the full compensation of pension and gratuityBoth the officers challenged the orders before the Central Administrative Tribunal While Padwals dismissal order was quashed by the tribunal Lotales disciplinary order was upheldLotale then moved the high court in appeal while the Union government filed a petition in the HC against the tribunal order granting relief to PadwalThe HC dismissed the Union governments petition against Padwal and allowed Lotales pleaThe confessional statements made by the accused person in the criminal case of the 1993 serial bomb blasts before the police could not have been relied upon in the departmental proceedings the court saidIn the departmental proceedings the authority has heavily relied on the confessional statements of four accused persons but they were not examined during the proceedings it notedSuch confessional statements made in a criminal case cannot be the basis of proving the charge in departmental proceedings the HC saidThe duo had refuted the allegationsThey said there was no evidence against them and the disciplinary action was initiated against them merely on the statements given by some police officers who had relied on alleged confessional statements given by the accused in the 1993 serial bomb blasts caseThe two persons further said they were never named as accused in the criminal caseThe Union government however said due to the laxity and misconduct by officials contraband goods such as explosives arms and ammunition were allowed to be landed which were then used in the serial bomb blastsThe bench in its judgment said mere suspicion even in the matter of departmental proceedings cannot be allowed to take the place of proof and the disciplinary authority should arrive at its conclusion of guilt based on definite evidenceIn both the departmental proceedings the employees Padwal and Lotale were not tried as accused persons in the criminal case which the CBI had investigated and even prosecuted certain other departmental officers the HC saidThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever