Sunday, November 25, 2018

Change of Inquiry Officer letter dated 21.10.2018


Date:  21.10.2018
Place:  Bangalore
To,
The Under Secretary to the Govt. Of India (V&L)
Ministry of Finance, Department of Revenue
Central Board of Direct Taxes.
New Delhi – 110 001.

Through proper channel
 Respected Sir,

Sub: Request for change in Inquiry Officer displaying prejudice and bias-Reg.
Ref: Your letter F.No:C-14011/5/2016 – V&L dated 04.03.2016

Kindly refer to the above.

This is to inform your good self that the undersigned had requested the Inquiry Officer the defence documents vide letters dated 24.11.2017, 13.02.2018, 22.02.2018, 05.10.2018 & 13.10.2018. The Inquiry Officer rejected the request of defence documents vide letter dated. 12.02.2018, 25.09.2018, & 12.10.2018 & 16.10.2018.

The rejection of defence document several times by the inquiry officer has to be seen in the light of the “answer to question no.6 of Chapter 28 of the Handbook for Inquiry Officers and disciplinary authorities - issued by ISTM, New Delhi, DoPT, 2013” The relevant extracts are produced for your ready reference as under:

6. What are the essential ingredients of a speaking order?

Ans. Speaking order should necessarily contain the following:

(a) Context: The order should narrate the back ground of the case. As has been laid down in a catena of decisions, law is not to be applied in vacuum. The circumstances that have caused the issue of the orders have to be brought out clearly in the introductory portion of the order. For example, if there is representation about incorrect pay fixation, the speaking order disposing of the representation should narrate how the anomaly has crept in, etc.
              
(b) Contentions: Rival submissions, where applicable, must be brought out in the order. For example the evidence led by the presenting officer in support of the charges and by the charged officer for refuting the charges. Needless to add that there may be cases wherein submissions may be unilateral as is the case of stepping up of pay, etc. Even in the course of disciplinary proceedings, there may be some instances wherein the concept of rival submission may not apply as in the case of representation for change of Inquiring Authority or for engagement of legal practitioner as defence assistant.

(c) Consideration: The order should explicitly evaluate the submissions made by the parties vis-à-vis each other and in the light of the relevant statutory provisions. Each submission by the parties must be considered with a view to decide about its acceptability or otherwise.
(d) Conclusions: Outcome of the consideration is the ultimate purpose of the order. It must be ensured that each conclusion arrived at in the order must rest on facts and law.

In this regard and in the light of above facts, I would like to state that the rejection of defence documents by the Inquiry Officer was just a conclusion of his individual standpoint without ever looking into the context, contentions & consideration of the undersigned. Hence the order passed by the Inquiry Officer is not a speaking order.

On the issue of relevance, the Inquiry Officer has rejected the defence documents despite my repeated request where the undersigned had placed reliance on “3.5 of Chapter XI of the Vigilance Manual (1991 Ed) & the answer to question no.7 of Chapter 17 of the Handbook for inquiry officers and disciplinary authorities - issued by ISTM, New Delhi, DoPT, 2013” reads as under:

Denial of access to documents which have a relevance to the case will amount to violation of the reasonable opportunity mentioned in Article 311 (2) of the Constitution. Access may not, therefore, be denied except on grounds of relevancy or in the public interest or in the interest of the security of the state. The question of relevancy has to be looked at from the point of view of the Government servant and if there is any possible line of defense to which the document may be in some way relevant, though the relevance is not clear at the time when the Government servant makes the request, the request should not be rejected. The power to deny access on the grounds of public interest or security of State should be exercised only when there are reasonable and sufficient grounds to believe that public interest or security of the State will clearly suffer. Such occasions should be rare.

A copy of letter dated 13.10.2018 written to Inquiry Officer is attached for your ready reference. The letter will make it clear that “the CONSTITUTIONAL LAW mandates that “defence documents must be given to charged officer”, the Vigilance Manual also provide that “the question of relevancy has to be looked at from the point of view of the Government servant and the request should not be rejected”, the Apex Court judgment  states that “there must be a speaking order and defence document must not be denied”, the charged officer is repeatedly pleading for defence documents what is legally due but the inquiry officer action of rejecting crucial defence documents again and again speaks of contempt for law, display of total arbitrariness, prejudice, bias and total lack of fairness.

The department has launched vigilance proceedings after more than a decade against the undersigned. The gist of the charges are:-
1.    Revenue Loss : Article -  1 charge is the base of vigilance.
2.    No prior approval of reporting officer – Not following circular
3.    Challenging integrity and devotion to duty

Let me share that I have the evidence to prove that the charges are falsely fabricated. Instead of revenue loss there is a revenue gain to the department in the search assessment. The vigilance case was orchestered by the departmental witnesses by not only misleading the vigilance proceedings but also by deliberately suppressing the crucial facts to victimise me.

Let me reiterate boldly that in my case there was no Vigilance Angle as mandated by Para 1.6.1 of the Vigilance Manual ever existed. The Vigilance Manual explains what the Vigilance Angle is. “According to the Vigilance Manual, obtaining illegal gratification of any kind by corrupt means or by abusing the official position, possession of assets disproportionate to known source of income, misappropriation, forgery, cheating and other criminal offences are cases having vigilance angle.” But the borderline case has been highlighted flouting all rules and reasoning. Let me share the darker shade of my case relating to departmental witnesses and the Vigilance Proceeding right from the CVO to CVC is totally ignorant about it.

Few months prior to creating the vigilance case the present departmental witnesses deliberately spoiled the ACR for the year 2006-07 by converting the OUTSTANDING rating to ADVERSE. The same was expunged by the competent Authority as the entire case was fabricated and motivated. A copy of the same is available vide link http://sanghihari.blogspot.com/search?updated-max=2016-08-05T21:03:00%2B05:30&max-results=7 for your ready reference.

As about the creation of the vigilance case, the same defence witnesses when they failed to spoil my ACR they vindictively chose to destroy my career by falsely fabricating the case. I approached the senior authority to look into it. A copy of the same is available vide link http://sanghihari.blogspot.com/search?updated-max=2014-12-26T22:03:00%2B05:30&max-results=7&start=1&by-date=false for your ready reference. After going through the above background stories it will be clearly established that there is little room for junior “Outstanding” officers who has access to justice through internal administrative machinery despite having a clean record, when the unscrupulous senior officers have decided to hound and fix him. As I could not get justice I have put my resignation thrice starting from the year 2008, which has been rejected and kept in abeyance till the disposal of my vigilance case.

As the department has used the entire machinery and resources and created a case against me after a decade then it is incumbent that the charged officer should be given a level playing field by providing documents which are necessary for his own defence. The undersigned is not asking for any confidential document but the documents which are matter of utmost importance leading to his innocence. This is not an ordinary case but a rare case about an “OUTSTANDING OFFICER” who was never issued a single memo for any misdemeanour, misconduct or issue of integrity not only for the year 2006-07 but any time prior to it.

In the interest of equity and justice, I bring to your notice that Inquiry Officer has chosen to ignore all my requests including the one made on 13.10.2018 which makes my case as one of the rare case in which the request of defence document is rejected. It is all the more transparently evident that Inquiry Officer has decided against all the cannons of law exhibiting contempt for the rule based disciplinary proceedings. The non-speaking order of the Inquiry Officer is not only erroneous but totally arbitrary displaying total prejudice and bias against the undersigned.

I have already faced the issue of personal bias on 06.11.2017, where I had shared openly with the Inquiry Officer that “he is conducting the proceeding by already treating me as guilty and treating me with indignity.” This skirmish happened in the presence of the Presenting Officer. During the proceedings the Inquiry Officer also declined to give me the photocopy of the note sheet of the proceedings wherein I had appended my signature. When I demanded the note sheet writing then the Inquiry Officer made me to write the entire note sheet in my personal handwriting. The Inquiry Officer has failed to realise that he is not only appointed by the same authority, who has also appointed me but also the fact that the vigilance proceedings edifice rests on the principle of natural justice where one of the foundation is “No one can be condemned unheard.”

In view of the facts, circumstances and the case laws of the Apex Court mentioned in my letter dated 13.10.2018, I have reason to believe that the disciplinary proceedings in my case are being reduced to farce as against to hold the same in accordance of provisions of the CCS (CCA) Rules, Vigilance Manual and the judgement of the Apex Court. If the defence document legally available to the charged officer is difficult in accessing from the inquiry officer, then the question of fairness, transparency and justice is the least the charged officer can expect out of this proceeding led by the inquiry officer. Therefore, I have been left with no option but to request to the Disciplinary Authority to change the inquiry officer in my case on the grounds of personal bias.

As I have moved the petition for the change of Inquiry Officer on the grounds of bias I request you to stay the disciplinary proceedings to the appropriate reviewing authority for considering the application and passing appropriate orders thereon. For my proposition, I place reliance on notification vide Cabinet Sectt. Department of Personnel, OM No. 39/40/70-Ests.(A) dated 9th November, 1972 which reads as:“It has accordingly been decided that whenever an application is moved by a Government servant against whom disciplinary proceedings are initiated under the CCS (CCA) Rules against the inquiry officer on grounds of bias, the proceedings should be stayed and the application referred, along with the relevant material, to the appropriate reviewing authority for considering the application and passing appropriate orders thereon.” 


Thanking you.
Yours faithfully,
                                                                              
                                                                                Sd/- 
                                                                    (Sanghi Sri Hari Rao)
Encl.
1.    My Letter Dated 13.10.2018

CC to:-
1.    The Principal Director General Of Income-Tax (Vigilance), New Delhi
2.    The Addl. CIT (Vigilance), Bangalore
3.    The Inquiry Officer, CIT (A)-3, Bangalore
4.    The Presenting Officer, the DCIT Central Circle 2(2) Bangalore.



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