“13. We observe that the respondents have issued a Memorandum dated 01.03.2021 (Annexure-1) under Rule 14 of the CCS (CCA) Rules, 1964 to the applicant for apparent violation of Rules 3(1)(i), 3(1)(ii), 3(1)(iii), 3(1)(xviii), 3(1)(xxi) on charges of not supervising his sub-ordinate in a search conducted by IT Department in the year 2011 and for which the Appraisal report was submitted in 2011 itself. We find several lacunas/irregularities/infirmities in the said Memorandum. Firstly, there is an unexplained and inordinate delay of 10 years in issuing Memorandum from the incident of search. Secondly, the supervisory officers have graded the applicant as 'Outstanding' and have given praiseworthy comments in his APAR for the Financial Year 2011-12 when the incident of search took place and Appraisal Report prepared. Thirdly, there is no allegation in Memorandum pertaining to any extraneous consideration or malafide or any dishonesty or gross negligence or any loss of revenue to the Government; or any blatant violation of systems and procedures or failure to keep his superiors informed or lack of integrity found in the applicant. Fourthly, when scrutiny was conducted at different levels and there were two independent operational hierarchies, then alone applicant cannot be faulted; Fifthly, though superior officers upon whom was vested responsibility of search and finalizing and approving the Appraisal Report, then applicant alone cannot be issued with Memorandum; Sixthly, there is not an iota of mention about the alleged lapses of the
