From : pr.ccgeneral (pr.cc-general@gov.
in)
To : rakeshc.c091601@gov.in
Cc :
Subject : Fwd: APPOINTMENT OF GOVT. COUNSEL
Date : Nov 02 2021 11:02 AM
From: "CCU Customs Mumbai Zone I" <ccu-cusmum1@nic.in>
To: "pr.ccgeneral" <pr.cc-general@gov.in>
Sent: Monday, November 1, 2021 5:45:59 PM
Subject: APPOINTMENT OF GOVT. COUNSEL
Respected Sir,
Please find enclosed herewith an attachment on the above mentioned subject.
Regards,
Chief Commissioner of Customs' Office
Mumbai Customs Zone-I
U0/320/Adv/CAT/Muni/2021
Government of India
Ministry of Law and Justice
Department of Legal Affairs, Branch Secretariat
2nd floor, Aayakar Bhavan,New Marine Lines,Mumbai-20.
Tel.: 22011790/22015789 / 22037589
Date: October 26, 2021
To
The Chief Commissioner of Customs (Zone-I),
0
grAwin
0/o P CC MUMBAI ZON
New Customs House, Ballard Estate, Mumbai 400 001. '1, p2S;"ommr. General Kiin
Comm. (Ex..
r -4 I/II
2) The Principal Commissioner of Customs (General).
Vigilance Section, New Customs House, VI ail. iii...a.
Ballard Estate, Mumbai. r (Anne ...j1111
AD, i:R: L.
Sub : Appointment of Govt.Counsel to defend OA No. '120. led by Shri K:
Somasundaran Nair Vs. The Union of India & Ors before the Hon'ble CAT, Mumbai —
reg.
Ref. : OA received from Shri Rupesh D. Dubey, Advocate for the Applicant through email
dated 22.10.2021.
Sir/Madam,
Please note that, Smt.Neeta Masurkar, Sr. Panel Counsel Group I has been engaged in the
aforesaid case to represent your department before the Hon'ble CAT, Mum bai Bench.
Therefore, the Department is advised to contact the Ld. Counsel with all relevant papers and files
for preparation of the case on behalf of the department till the disposal of the case or expiry of her term
of engagement or until order, whichever is earlier.
The Department is further requested to contact the Counsel whose contact details are given
below, and make correspondence directly and to take follow up action in the matter.
Please note that all expenses concerning this litigation i.e. counsel fee, Typing Photocopy,
postage, Court Fee, Notarization, etc, are to be paid by the concerned Department at their own satisfaction
after taking into account the details of miscellaneous expenses actually incurred. Payment of counsel fee
is to be in terms of condition No.1 hereinbelow.
rs faithfully,
(A.A. ANSARI, ILS)
Additional Government Advocate & Incharge
Copy to:-
Smt.Neeta Masurkar, Sr. Panel Counsel Gr.I, Flat No.2, Shri Niketan CHS, Behind Central Excise Bldg.,
14, M.K.Road, Churchgate, Mumbai —400020.(Mobile : 9869005744,20522308 (R) 22071361,22064720
(0) 22075880).
Henceforth, you are requested to contact and make correspondence with the department directly
and take follow up action in the matter. Your engagement is subject to the following conditions:
The engagement is governed by the 0 M No.27(11)99-Judl dated 24.09.1999 r/w O.M.No.
F.26(1)/2014-Judl dated 01.10.2015 issued by the Ministry of Law & Justice, Department of
Legal Affairs, Shastri Bhavan, New Delhi rkv relevant circulars/instructions issued by this
Ministry from time to time.
2. In case you are unable to attend the case for some reasons, sufficient advance intimation should
be given to the department.
3. To return the brief on expiry of your term/disposal of the case to the Ministry of Law and Justice,
Branch Secretariat, Mumbai duly receipted.
4. To intimate the department the progress of the case regularly including obtaining and forwarding
certified copy of the order/judgement to the concerned department wherever necessary.
5. The engagement be acknowledged.
Additional Government1dvocate &Incharge
0/25'2'. 9 49 AM Er-a
email Gul Asnani
New OA filed by K. Somasundaran Nair in CAT Mumbai
From : rupeshd198@gmail.com Fri, Oct 22, 2021 05:13 AM
Subject : New OA filed by K. Somasundaran Nair in CAT Mumbai 01 attachment
To : lawministryansari@gmail.com, Gul Asnani
<branchsec.mum-dla@gov.in >,
branchsecmum@gmail.com
Dear Sir/Madam
Please find attached herewith copy of fresh OA with Annexures filed by Shri K.
Somasundaran Nair in CAT, Mumbai. I have requested the Honible Tribunal to take up the OA on
26.10.2021. You may remain present.
Regards,
Rupesh D. Dubey
For Sandeep V. Marne
Advocate for Applicants
+91 9819366134
Somasundran Nair OA_.pdf
11 MB
zfer7----
-411e4 147- Tp:9-74-
-44
BHC/OHC/LC/NCLT/ADV/CAT/
AFT/Bill Ver/SLP/Judl. *1(116
320
2-6/0&)/
https://email.gov.in/h/printmessage?id=15293&tz=America/LOs_Angeles&xim=1 1/1
BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION NO. of 2021
Shri K. Somasundaran Nair ". Applicant
Versus
The Union of India & Ors. ". Respondents
SYNOPSIS
IMPORTANT DATES AND EVENTS
EVENTS
The Applicant was initially appointed as L.D.0
The Applicant was posted as Examining Officer at
the export shed, Air cargo complex, Sahar, Mumbai
While the Applicant was on the post of Examining
Officer, Memorandum of Charge-sheet came to be
issued to the Applicant alleging that the Applicant
willfully and deliberately suppressed the actual
quality of items in his examination report and due to
his misleading examination report.
The Disciplinary Authority passed order holding thatal
there was no evidence recording allegation of lack of
integrity or malatide intention or connivance.
Therefore. charge of violation 3 (I) (i) was disproved
and the charge of negligence alone was .proved.
--I
The Disciplinary' Authority, therefore, imposed the
penalty of reduction of pay by 2 stages for a period of
3 years w.e. I. 01.12.2012 with cumulative effect.
-----------
•
29,11,2013 The Applicant's appeal and Revision against thesi d
s
and penalty order came to be rejected by the Appellate
2811.2017 Authority & Revising Authority vide order,
The Applicant retired from service,
-pi r5 A XI,. '5 I ..ror ^bev o —a-- _
OP A nnlirorti
THE CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAI
BENCH, MUMBAI
Original Application No. of 2021
Shri K. Somasuridaran Nair,
Age 65 years, Son of late Shri M. K.
Gopalan Nair, Residing at I 1/419, Bell
Haven CH.S. Ltd, Bhavani Nagar,
Marol Maroshi Road,
Andheri (E), Murnbai 400 059.
Mob. No, 9819682768
Email ID :1(snair30Pgmail,com ...Applicant
Vis.
I. Union of India,
'Trough the Secretary
Ministry of Finance, Department of
Revenue Central Board of Excise and
/Customs,
/Customs, North Block ,
Delhi 110 001.
1 The Chief Commissioner of Customs,
Zone-0, New Customs House,
Ballard Estate, Murnbai 400 001.
1. The Principal Commissioner of Customs
(General),
Vigilance Section, New Customs House,
Ballard Estate, Mumbai 400 001. ...Respondents
DETAILS OF THE ORIGINAL APPLICATION
PARTICULARS OF ORDER
Order F. No. S/15-84/2015/Acets((v1) dated 02.01,2021 passed
by Respondent No, 3.
Anne cure A-I
The grievance of the applicant is that the Respondent have
F, V E NT
At the time of his retirement, the criminal trial WAS
Stilt pestling against him. Therefore, the. Applicant
was sanctioned only provisional pension.
l he ,grattrity of the Applicant was withheld under
Rule 69 of the CCS (Pension) Rules
11
The Respondents erroneousiyheld. Leave
Encashment payable to the Applicant, The Applicant
was also not granted benefit of commutatio n, of port
of his
When the Applicant was sanctioned provisional
pension he was shocked to know that the provisional
pension that %VAS sanctioned to hint was not
commensurate to the last - -pay drawn by him and that
the Applicant sa.nctioned reduced amount of
provisional pension
13 21.1)4.2016 ['heApplicant made
2/07.2016
41.11.4444
14 17.10,2016 The Applicant
-.•••••• •
v.'as given reply, by which he was
communicated for the first time that Applicant's pay
fixation was inadvertently done in the year 2008 and
that the Applicant was offered benefits which he was
[' not eligible. It was further stated that the Applicant
drew excess payment (approx. Rs.5.00 Lakhs) and
that recovery would be made as the excess payment i
I was not justified. I
15 10,07.2-0-
18 in CBI Case No. 37 of 2003 the floreble Special
Judge For CBI, Greater Mumbai passed judgment and
I order dated 10.07.2018 acquitting the Applicant of all
offences,
27.07.2018 The Applicant made representation for payment of
formal Pension, gratuity and leave salary. The
A nr,11....4.0.•
C
Sr. Date EVENTS
No,
27.09.2019.
28.02.2020
and
01.12.2020
18 02.01..2021 The Respondent No. 3 belatedly gave reply to the
Applicant On stating that evert though the Applicant
was acquitted from all the charges, CD} Criminal
Application No. 250 of 2019 before the Hon'ble
Bombay High Court challenging the acquittal order
dated 10.07,2018 and that therefore, his request for
grant of vigilance clearance was not accepted by
Respondent No, 3.
February The Applicant was served with notice of the Hon'ble
19 2021 i Bombay High Court along with copy of order dated
15.10_2019 in respect of Criminal Application (ALS)
No, 1111 of2019.
20 the said appeal was apparently moved without any
notice to the Applicant. and it appears that by order
dated,
21 15.10./019 The Honible High Court granted leave to appeal and
has admitted the appeal.
22 Applicant sought information under the Right To
20.01.2020 Information Act 2005 as to how his retirement
benefits cart be withheld despite acquittal in the
Criminal Trial.
23 18.02.2020 The Applicant received information vide letter once
again referring to the order passed by the
Bombay High Court
Mar
24 OL0,3.2021 The Applicant has made -correspondence with the
Board vide Email,
25 19.04,2021 Applicant lodged grievance in the Prime Minister's
The grievance of the applicant is that the Respondent have withheld
retirement benefits of the Applicant despite his acquittal in the criminal trial
and despite conclusion of the disciplinary proceedings. While in service
CBI lodged criminal prosecution against the Applicant in the year 2003
alleging improper examination of consignments of exporters on the part of
the Applicant, In respect of the same incident the Applicant was issued
departmental charge-sheet dated 31,08.2004 kigain alleging improper
examination of the exported goods. The departmental inquiry culminated in
imposition of penalty of reduction olpay by 2 stages for a period of 3 years
vide order dated 30.11,2012. Upon dismissal of appeal, the Applicant has
challenged the penalty order in Original Application No. 213 of2018 which
is pending before this Honible Tribunal. In the meantime, the criminal case
es'"*.
initiated against the Applicant resulted in acquittal vide judgment and order
dated 10,07_201K Thr Applicant retired from service on attaining the age
of superannuation on 30.11.2015. However, on account of pendency of
criminal proceedings, retirement benefits in the 'brut of Gratuity, Leave
Eneashincnt. Commutation were withheld. Upon his acquittal on
10.07,2018 the Respondents ought to have released the same. The
Applicant was required to make numerous representations since Jury 201/t
for release of his pensionary benefits, By impugned letter dated 02-01.2023
Respondent No. 3 has informed the Applicant that on account of pendency
of criminal trial against the order of acquittal before the Honible Bombay
High Court, the Applicant cannot be granted vigilance Clarence and
therefore, his retirement benefits cannot be released. Hence, this Original
Application.
Mornbai
Dated : 17 ,09.2021
SaRP
toryearrte
Ad vocat Ior he Applicant
