Sunday, November 25, 2018

Crisis of confidence with the DGIT (Vig)/CVO


Date:  19.11.2018
Place:  Bangalore
To,
The Director General of Income Tax (Vigilance),
2nd Floor, Jawaharlal Nehru Stadium,
New Delhi-110003.


Through proper channel
 Respected Sir,

Sub: Request for change in Inquiry Officer displaying prejudice and bias -Reg.
Ref: Your letter F.No: DGIT(V)/DP/573/4898 dated 12.11.2018.

Kindly refer to the above.

This is to inform your good self that the undersigned had requested for the change of Inquiry Officer as the Inquiry Officer has refused the request for supply of 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 letters dated. 12.02.2018, 25.09.2018, & 12.10.2018 & 16.10.2018.

In my letter I had specifically referred to the issue of rejection of defence documents by the Inquiry Officer was, not on the basis of a speaking order. I had placed reliance on 3.5 of Chapter XI of the Vigilance Manual (1991 Ed) which 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.

I had also attached copy of my letter dated 13.10.2018 written to Inquiry Officer for your ready reference. The letter makes it amply clear that the “defence documents must be given to charged officer”, as the Vigilance Manual is mandating 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 has also decided in many cases that “there must be a speaking order and defence document must not be denied”. My repeated pleading for defence documents what is legally due coupled with the inquiry officer’s 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.
As the Inquiry Officer engaged in total violation of the facts, circumstances and the case laws of the Apex Court mentioned in my letter dated 13.10.2018, I had stated 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. I also contended that If the defence document legally acessible to the charged officer are being denied by 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 was left with no option but to request to the Disciplinary Authority to change the inquiry officer in my case.

For my this request I places 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.” 

However, to my utter dismay, my request of change of Inquiry Officer has been summarily rejected by your good self by observing that Inquiry Officer has communicated the reasons of denial of documents. Your letter also goes on to say that the request of undersigned vide letter dated 21.10.2018 has been considered and not found to be tenable and hence rejected. In fact nothing can be better example of such a cryptic and non speaking order passed by your good self. Ipso Facto, you had neither discussed the reasons of denial nor discussed the Apex Court judgment nor discussed the instruction contained in Vigilance Manual and rejected the request in totally arbitrary manner. Your letter dated 12.11.2018 is a sad commentary on the way the bureaucracy feel as if it is beyond the pale of law or law unto itself. You have shown absolutely no respect for Apex Court judgments regarding principles of natural justice and need to pass speaking order or for that matter for instructions contained in Vigilance Manual of the Government of India.

In this scenario, wherein the Inquiry Officer and Disciplinary Authority has colluded with each other in flagrantly flouting the law of the land and deny the right to defense documents to the charged officer, the undersigned is left with no option but to make one more request for change of Inquiry Officer and in case the Disciplinary Authority maintains status quo, I shall be approaching Central Administrative Tribunal to redress my grievance regarding non supply of defense documents. It is really ironical to observe that when the undersigned made complaint against the Inquiry Officer for passing non speaking order, the Disciplinary Authority also passed a non speaking order and thereby compounded the problem. Accordingly, it may be seen that neither the inquiry Officer nor you are ready to follow the principles of natural justice nor interested in following mandatory instructions contained in the Vigilance Manual. Denial of sufficient opportunity to defend myself is my right under the principles of natural justice and in no case the same can be denied to me. Thus, this is the last and final opportunity being given to you for allowing me to change in Inquiry Officer on the ground of bias, in accordance with the DOPT instructions quoted hereinabove, failing which I shall be constrained to approach the Bengaluru bench of CAT.

I had clearly brought to your notice how the vigilance proceedings were falsely created against me despite being an OUTSTANDING OFFICER and made to suffer for more than a decade. Let me also reveal the truth of the vigilance case that the primary charge is of under assessment where it is alleged that I did assessment in the hands of three partnerships which was hitherto done under a single individual. The entire proceeding is false and fabricated by the prosecution witnesses as the assessment was done in the hands of five partnerships which were hitherto done under a single individual which lead to revenue gain than underassessment. The prosecution witnesses purposely left the two partnerships as totalling of three would naturally appear to be in loss as totalling of five partnerships was actually resulting in revenue gain. This truth in the vigilance proceedings will be of devastating consequences as it will reveal that false case can be triggered against an honest outstanding officer where the administration can be a mute spectator from top to bottom and there is no protection to honest officers but the rogue officers levelling false cases can go scot free.

I also brought how the vigilance was falsely fabricated by prosecution witness. I demand from your good self that creation of false case should be viewed seriously as it has destroyed an unblemished career of an OUTSTANDING OFFICER from a reserved community. I seek the answer from your end that why you are being totally silent and have not taken any initiative to find truth. I had brought clearly brought  this matter before you vide link http://sanghihari.blogspot.com/search?updated-max=2016-08  05T21:03:00%2B05:30&max-results=7 that creation of false vigilance proceedings had open discrimination on the basis of caste prejudice by the prosecution witness as the same syndicate attempted to spoil my ACR just before creating a false vigilance case. This matter has been clearly sidelined and no inquiry has ever been conducted even in the vigilance proceedings till date, though it is a mandate that no innocent must be harmed through creation of false vigilance proceedings. The matter of protecting the innocent gains more importance when one belongs to reserved community. I demand that the vigilance proceedings should also probe whether there was a false and fabricated charge against the charged officer. When it is found to be true then all the officers’ part of this conspiracy should be dealt with iron hand through an independent inquiry for taking suitable action against the rogue officers.
In the letter you have requested me to cooperate in Inquiry proceedings for early disposal. Let me share that cooperation is not one way traffic but a two-way process. Your good self will appreciate this fact only if you have personally undergone the whole cycle experience in my flesh and bones. Hence, I find no cooperation from the side of department to provide me crucial defence documents to properly defend myself as guaranteed in Article 14 of Indian Constitution. Now, I find that the entire proceeding is eyewash for early disposal for statistical purpose as every cannon of the principle of natural justice has been flouted. I neither have faith in the Inquiry Officer nor in the Disciplinary Authority as both have colluded and absolutely have no respect for Apex Court judgments regarding principles of natural justice and need to pass speaking order or for that matter for instructions contained in Vigilance Manual of the Government of India.

If the proceedings are still continued without giving me the defence documents then I will presume that both the Inquiry Officer and the Disciplinary Authority are being unfair and unjust in conducting this proceeding and have deliberately planned to fix me than bringing the truth to the forefront which is the core objective of the vigilance proceedings.

Thanking you.

Yours faithfully,


                                                                               Sd/-
                                                                    (Sanghi Sri Hari Rao)

CC to:-
1.    The Chief Vigilance Commissioner, New Delhi
2.    The Chairman, National Commission for Scheduled Caste, New Delhi.
3.    The Under Secretary to the Govt. Of India (V&L), New Delhi
4.    The Addl. CIT (Vigilance), Bangalore
5.    The Inquiry Officer, CIT (A)-3, Bangalore
6.    The Presenting Officer, the DCIT Central Circle 2(2) Bangalore.



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