Letter to BR Sudhakara pleading not to get victimised on 05-11-2007

F.No. TDS 18-1/07-08                                                                           Dated: 05.11.2007

                                                                                                               Place:  Bangalore

To,

The Director General of Income-tax (Investigation),

Karnataka and Goa,

Bangalore.

Sir,

                        Sub: Actions of Hon’ble CIT (Central) and Addl. CIT (CR-1) - Reg.

On 02.11.2007, I personally met Shri B V Subbaraya, ACIT, CC-2(1), Bangalore, around 5 PM. The meeting was meant for the certification of copies of material for the purpose of making representation before the Competent Authority. During my visit and also to my sheer coincidence, I came across a call at intercom from Shri D K Jha, Addl. CIT, CR-1, who had conversation with Shri B V Subbaraya over dispatch of assessment folders relating to works done by me.

The call of Shri DK Jha to Shri B V Subbaraya has to be viewed keeping the pending representation before the Competent Authority relating to my ACR for the year 2006-07. In my representation the basis of adverse remarks by the Hon’ble CIT (Central) was replied in detail. The Hon’ble CIT (Central) had given the non filling/insufficient filling of Proforma-I & II of ACR and seven cases as a basis for making adverse remarks in my ACR. I had taken material through moment register from the office of ACIT, CC-2(1). The matter of taking material was also brought to the notice of Hon’ble CCIT-CCA vide letter dated 10.10.2007. Subsequently the same was informed to your good self too. I submitted my representation before the Competent Authority on 26.10.2007.

Sir, in my representation before the Competent Authority, I have brought out an incident about the threatening call of Shri DK Jha, Addl. CIT, CR-1 on my career. The matter is still pending clarification in my representation, “Whether the threatening call on my career was the exclusive opinion of Shri DK Jha, Addl. CIT, CR-1 or was made by Shri DK Jha, Addl. CIT, CR-1 on behalf of the Hon’ble CIT (Central)?” I have also brought out an incident of the Hon’ble CIT (Central) displaying caste prejudices at workplace. There were numerous incidents cited in representation, wherein, the Hon’ble CIT (Central) had framed opinion about me by purely relying on the version of Shri D K Jha instead of clarifying the matter of hearsay directly from me. This approach of Hon’ble CIT (Central) has violated the Principle of Natural Justice. Furthermore, the Hon’ble CIT (Central) had not fairly assessed my work as only my partial effort in the case was known to the Hon’ble CIT (Central), as the assistance of Addl. CIT, CR-1 was taken instead of the Addl. CIT, CR-2, who was my immediate boss. I had also brought out a fact in the case of  Shri V Srinivasa Raju, the inspection of my case was carried out without considering the crucial Investigation Folders and Recovery folders, which is a serious lapse committed by the Hon’ble CIT (Central) while inspecting my case.

Sir, my representation has also brought out in detail, that, ‘How Hon’ble CIT (Central) has violated the Principles of Objectivity, Impartiality, Neutrality and Independence while inspecting my cases?’ Furthermore, I also narrated the sequence and events wherein it has revealed that ‘how the Hon’ble CIT (Central) and Shri D K Jha colluded together to spoil my ACR for the year 2006-07?’ My inability to bear any further harassments and threats of the Hon’ble CIT (Central) and Shri D K Jha at workplace, led me voluntarily to opt out of the Central charge under the leadership of Hon’ble CIT (Central), thinking that I will be peaceful outside their sphere of influence. But my happiness was very short lived, not only because of my agonies faced during the representation proceedings but also the post representation proceedings.

Sir, I’m open to any sort of probe relating to my work by any Senior Officer other than Shri A K Agarwal and Shri D K Jha. I’ll be happy as after the completion of probe the decorum of any proceedings will be highlighted in the best of manners. It has taken me more than 50 days to purely concentrate on framing the replies based on material facts for the seven basis. I don’t intend to spend my further energies on the mission of fault finding process but on my work at TDS Range. During this period my personal life has suffered and I don’t have any regrets other than my life at workplace, as I was only concentrating about preparing my replies even while at job. At the end, I could not only bring out more support for my case but also the ulterior motives and half hearted attempts of Hon’ble CIT (Central) to frame me falsely.

Sir, my query at this stage is that “Why Shri D K Jha, Addl. CIT, CR-1 should be involved directly with the assessing officer rather than the Office of the Hon’ble CIT (Central) in the matters relating to the sphere of Addl. CIT, CR-2?” Sir, it may seem to be sheer impoliteness to ask your good self this question, but I’m making the above request only to mitigate my further victimization and mental suffering as I had faced enough of wrath of the above Senior Officers.

In the interest of equity and justice, I request your good self that any further move against me by the Hon’ble CIT (Central) or Shri D K Jha, Addl. CIT, CR-1 should happen only with the knowledge of your good self. It’s my humble prayer before your good self that a common level playing field to be provided to an Officer under representation vis-à-vis the Officer who has charged me and also with the Officer who has assisted the Officer in charging me. I deeply importune you that it would be fairer to conduct any probe relating to my work by any other Senior Officer other than Shri A K Agarwal and Shri D K Jha as these Officers are already deeply prejudiced against me.

If your good self seeks any clarification on this matter then it will be an extreme pleasure for me to appear before you. I thank you for your cooperation at all times. I request you again to do all possible and assist me in this regard.

Thanking you.

                                                                        Yours faithfully,

                                                                                    Sd/-

                                                                      (S S HARI RAO)

                                                                         DCIT,TDS 18(1), Bangalore

CC to:

1.                  The Chief Commissioner of Income-tax, Bangalore-I,

2.                  The Commissioner of Income-tax (Central), Bangalore.

3.                  The Addl. Commissioner of Income-tax (Central Range -1), Bangalore.

4.                  The Addl. Commissioner of Income-tax (Central Range -2), Bangalore.

5.                  The Asst. Commissioner of Income-tax Central Circle-2(1), Bangalore.