Date:01.12.2018
Place: Bangalore
To,
The
Principal Chief Commissioner of Income-tax-1,
Karnataka
and Goa,
Bengaluru.
Respected
Sir,
Sub: Harassment and
victimisation of an innocent IRS Officer by the administration under your
leadership from past decade-Reg.
Ref-1: CVC OM No.
015/ITX/011/301272 dated 03.12.2015
Ref-2: F. No C –
14011/5/2016- V&L dtd 04.03.2016
Ref-3:
DGIT(V)SZ/COM/18/8dtd 05.08.2015
Ref-4: C. No
34/VIG/2015-16/Pr. CC Dated 14.03.2016
Ref-5: F.No:
DGIT(V)/DP/573/4898 dated 12.11.2018.
Kindly refer to the above.
This
is further to my letter dated 26.11.2018 & 28.11.2018 regarding the
vigilance proceeding. In order to save time and also to get the complete pictures,
I humbly request you to download the letters which I have already sent to you
and read as part of this letter. In case you are not able to locate then it is
available in the following link:
The
above exercise is being done as you may not have been personally involved but
your chair was the conduit for the mess in my life, where I was harassed and
victimised under your administration for more than a decade which made an
innocent officer to get disillusioned from Indian Revenue Service and go on unauthorised
leave for more than six years and search for a new professional life at the age
42.
Sir,
after going through this letter you shall be in a state of disgust and disbelief
to find that your chair is the genesis for spoiling my ACR in the year 2007 and
then again in the year 2017. My question is, in the cycle of time of a decade, when will you stand in protecting an
innocent junior officer which is definitely your fundamental duty?
Let
me share, that I do not have any interest in coming back and work as an Indian
Revenue Service Officer as the administration right from the CBDT till your end
have failed to act when crimes against me were committed repeatedly. I am just
waiting to go out gracefully from the IRS with full dignity and honour as I am
fighting the biggest battle in my life. I have realised that in Indian Revenue Service I do not need
enemies from outside but direct recruit senior officers are more than
sufficient and doing this job brilliantly by decimating the lives of junior
officers. It is time that some officer has to stand and fight to become a
role model for IRS as it is a story of a junior officer fighting against the
combined might of organisation from top to bottom.
After
reading every word and links associated with the letter dated 26.11.2018 &
28.11.2018 you would have vividly got the complete picture. The purpose of the
letter is being written to you are expressed as under:-
1.
As
you are the prime accused to create this
fiasco, I am providing you opportunity to correct the wrongs committed
against me. By doing this you will discharge at least your fundamental duty as
an administrative head. I demand you to prepare a detailed report to relevant
authorities based on an inquiry and investigation by appointing an impeccable
officer to do this job. If this is not done now then I shall ensure that it is
definitely done later by making you a conduit in neglecting your fundamental
duty despite a detailed written request.
2.
It
is also your fundamental duty as the
administrative head to protect the dignity of an innocent officer and bring
guilty to books, as the crimes were committed under your administration in
the year 2007 and then repeated again in 2017. For the sake of convenience I
shall be detailing in sequence how the wrong were committed under your
leadership all along.
3.
I
demand that dignity and honour should be given for me to exit gracefully from
Indian Revenue service as I do not find any connect with the IRS due to my worst
experience over a decade. I have already embarked on a journey as an innovator
which defines what the purpose of life for me is, for the remaining days of
this physical body.
The
above photos are the evidence of my life as an innovator where I became the one and only civil servant in entire
bureaucracy to win GOLD Medal from the Department of Science and Technology-Lockheed
Martin’ India Innovation Growth Programme - GOLD Medal (2015), National and
Global Winner in UNIDO-MSME-GEF Global Cleantech Innovation Programme - 2015 and
several other medals including international acclaim for innovation in Energy
Efficient Gas Fuel Burner System. Today, I am one of the leading thermodynamics
gas fuel scientist on radiant heat. The present gas fuel burner system has a
thermal efficiency under IS 14612 between 36-45%, whereas my innovation has
created a new world record between 65-68.9%.
The
above photos are very important not because of my personal achievement but for
the below reasons:
·
It
has happened during the period of
victimisation under your leadership where I did not have any option but to
go on unauthorised leave after being disillusioned from IRS and start life from scratch at the age of 42.
·
The
achievement is not only important because I am the one and only CIVIL SERVANT,
to achieve this feat in bureaucratic history in India till date, but it is even
more important because I am a commerce
student and not an engineer, who is reversing the gas fuel mechanism and
creating standards in Radiant Heat mechanism across gas fuel for BIS, so that
world can follow.
·
You
may also note that when I could achieve this feat in my most horrifying
condition in totally unknown terrain under your leadership then imagine where I
could have taken the Income-tax Department if you had supported me by doing
your fundamental duty.
I
feel proud and contended that in my times, I was one of the most humble, affable, celebrated, unblemished outstanding IRS
officer. And today I am dragged and being beaten by authorities like you
from top to bottom, who have repeatedly failed in discharging their official &
fundamental duties. Let me take you to a tour so that you can have a glimpse with
serene mind and see what happened under your leadership. You will clear your
tinted glass after personally experiencing how each authority committed crime on
me since the year 2006-07 which is very much relevant to my current vigilance
proceeding.
1.
The CCIT-1, Bangalore and
the DGIT (Inv), Bangalore:
The authorities have failed to take action against the erring officers who
attempted spoiled the ACR of the charged innocent officer. The proceedings will
clearly show how all the fundamental rules connected for the fair performance
appraisal was flouted. A copy of the representation is available vide link http://sanghihari.blogspot.com/2014/12/basis-of-spoiling-my-acr-by-ak.html. This means both the
authorities failed in “PROTECTING THE INNOCENT and PUNISH THE GUILTY?” The
administrative ethics and morality is based on the fact that, neither writing of
ACR, nor creation of vigilance proceeding, a supervising authority can display
apparently or latently the aspect of witch hunting
on any
Government servant. On this count, both the authorities failed in hailing the
edifice of “WELFARE” and being “ALERT.”
The authorities also failed to bring this crucial fact before the COMMISSION
as a prelude to Vigilance proceeding against the Charged Officer.
2.
The DGIT (Inv), Bangalore:- The charged officer
approached the DGIT (Inv), Bangalore for protection, as the same officer who
spoiled were sinisterly orchestering the initiating of false vigilance
proceeding. A copy of the letter is available vide link http://sanghihari.blogspot.com/2014/12/letter-to-br-sudhakara-pleading-not-to.html
. The
authority failed in his fundamental duty to protect the innocent officer and
became part of the crime in creating false vigilance case against the charged
officer. Is it not a gross misconduct and
insanity of the DGIT(Inv), Bangalore to use again the same set of officers to
create vigilance proceeding who attempted spoiling my ACR? The authority
failed to protect the basic tenet of bureaucracy of rationality, impersonality
and neutrality. The authority failed again to bring this important fact before
the COMMISSION as a prelude to Vigilance proceeding against the Charged
Officer.
3.
The DGIT(Vig)/CVO :- The story behind the main
charge levelled by CVC is that a real estate entity was searched where the
search proceedings revealed that income in the hands of partner (HR
Ravichandra) was wrongly assessed over the number of years as the individual
income instead of income assessed in the hands of partnership firm. The same
mistake was corrected during search assessments as revenue gain was observed by
me. So it is incumbent that the income in the hands of individual has to be
adjusted against the partnership by giving refunds and then adjusting with the
partnership firm. Even the statutory procedure is to give refunds in the hand
of individual and adjust against the partnership as the same was requested by
the assessee. So a natural practice in the Income-tax department the same was
followed.
i. The prime allegation in Vigilance:
The prime allegation in vigilance is of under assessment. It is stated
that the original income of H R Ravichandra as an individual was Rs.
67,75,690/-. The search assessment assessed by me is in the hands of three
partnerships ( i) M/s Royal Shelters, ii) M/s Royal Park Residency iii) Royal
Habitat, for the assessment period 2000-01 to AY 2003-04 was Rs. 49,06,370/- which led to a Revenue
Loss of Rs. 18,63920.
|
H R Ravichandra
|
||
|
A.Y
|
Original Return
|
Search Assessments
|
|
2000-01
|
554803
|
554810
|
|
2001-02
|
791118
|
1966120
|
|
2002-03
|
1211471
|
2183972
|
|
2003-04
|
4218298
|
755278
|
|
Total
|
6775690
|
4906370
|
|
Search
Assessment leading to a Revenue Loss of Rs. 18,63920/-
|
||
* The DGIT(Vig)/CVO even after having the file for
more than 7 ½ years has done totaling mistake as the above total of search
assessment in the Articles of Charge-1 comes to Rs. 54,61,180. Therefore,
apparently revenue loss has came down to Rs. 13,14,150/- instead of Rs.
18,63,920/-.
ii. The actual reality of the case is in favor of
Revenue: The net impact of assessment proceeding done
by me was reducing the income in the hands of H R Ravichandra and assessing the
income in the hands FIVE partnership firms
and not THREE partnership firms as alleged in the Articles of Charge-1.
The details are:- ( i) M/s Royal Shelters, ii) M/s Royal Park Residency iii)
M/s R S Constructions, iv) Royal Habitat, and v) M/s R S Developers for the
assessment period 2000-01 to AY 2003-04 has led to enhancement of Revised
income by Rs. 9,90,508 thereby bringing additional revenue of Rs. 31,47,213/-
in the form of enhanced Income-tax and Interest under Section 234 B & C.
iii. Suppression of Crucial fact by CVO to the
Commission: - This fact will clearly bring out that the DGIT (Vig) has falsely framed
the charge by suppressing the income assessed in the two partnership firms
namely: M/s R S Constructions, and M/s R S Developers and sinisterly taking the
income of only three firms (i) M/s Royal Shelters, ii) M/s Royal Park Residency
iii) Royal Habitat, to create a revenue loss so that “a major penalty can be
initiated despite doing an excellent work in search assessment.
|
H R Ravichandra
|
||
|
A.Y
|
Original Return
|
Search Assessments
|
|
2000-01
|
554803
|
554810
|
|
2001-02
|
791118
|
766120
|
|
2002-03
|
1211471
|
2224488
|
|
2003-04
|
4218298
|
4195780
|
|
Total
|
6775690
|
7741198
|
|
Search Assessment leading
to a Revenue Gain of Rs. 9,65,508/-
|
||
|
Outcome
of Search Assessment done by me
|
||||
|
Description
|
Income Returned
|
Tax
|
Interest
|
Benefit to IT Dept
|
|
Original Return Tax @ 30%
|
6775690
|
2032707
|
|
2032707
|
|
Revised Return @ 35%
|
7741198
|
2718169
|
2461751
|
5177020
|
|
Income
enhanced by
|
965508
|
685462
|
2461751
|
3147213
|
iv. It should be noted that even a
kindergarten child knows that total of three entity will naturally appear to be
revenue loss as against the total of five entities actually having revenue
gain. This becomes a classic case and rare in a vigilance proceeding of
harassment and victimisation in the hand of a GATEKEEPER. The irony is that the
DGIT(Vig)/CVO sought time from Commission and spent more than 7 ½ years and still fail to
discover the real truth despite having all the material in their possession.
This definitely raises the credibility issue of CVO handling my case all along.
v. Fudging the facts and doing the totalling mistake:- Even after having the files for more than a
decade the CVO failed in his fundamental duty to unearth the real truth. This
fact gives me strong reason to believe that DGIT (Vig)/CVO has failed to
maintain absolute integrity, devotion to duty and exhibited conduct unbecoming
of a Government Servant thereby contravening the provisions of Rule
3(1)(i), 3(1)(ii), 3(1)(iii) of the CCS (Conduct)
Rules,1964.
vi. Failure to inform the crucial information to the
Commission: The CVO is representing on behalf of Vigilance Commission. It was the
fundamental duty of CVO to protect the innocent, to investigate and ensure that
the government servant who was being charged is not part of the process of any
witch hunting before the launch of the vigilance proceeding. The CVO failed to
obtain this information from the DGIT(Inv) - Bangalore and CCIT-1, Bangalore as
it was available at their end vide letter dated 05.11.2007 written by the
charged officer. A copy of this letter is available vide link http://sanghihari.blogspot.com/2014/12/letter-to-br-sudhakara-pleading-not-to.html
4.
The character and integrity
of the prosecution witness:
“Holier than thou” is the basic prerequisite that authorities who levels
charges on others also must have absolute character and integrity in their own backyard.
Let us see the integrity levels of authorities who are the prosecution
witnesses in my case. The details are as under:
a.
Shri D K Jha: - The officer integrity is already questioned by the
CVO as he is already covered by CBI in the destruction of crucial evidence in
the case of an assessee. The officer is also having other integrity issue in
the case where I have carried out a search investigation. The officer is one of
the prime conduits in spoiling my ACR.
b.
Shri Narender Kumar:- The Commission has already
directed the CBDT to take action as it has found that the officer has failed in
performing fundamental duty in my search assessment case by virtue of being the
reporting officer. The officer is also one of the prime conduits in spoiling my
ACR.
c.
Shri D K Jha, Shri Narender
Kumar & Shri Ajit Korde :- In any
jurisprudence for a crime there should be two main elements, that is, ‘mens rea – the guilty mind”, and “actus rea – the guilty action.” The
foolishness of all three officer emerge from the fact, that, in their rush of
bureaucratic arrogance and high handedness they have not done their proper
homework in creating primary Article of charge -1 as the Commission has made the
basis for initiating “a major penalty proceeding” through this vigilance
proceeding. The fact is that Shri D K Jha, Shri Narender Kumar &
Shri Ajit Korde does not even know that search assessment done by me is in respect of five partnership firm and
not three partnership firm. There is a revenue gain and not revenue loss in
the search assessments while creating false vigilance proceeding against me. So
it’s clear that Shri D K Jha, Shri
Narender Kumar & Shri Ajit Korde are guilty of crime in trapping,
harassing and victimising and innocent officer by creating a false charge by
suppressing the real facts of the case by making an innocent officer suffer for
more than a decade.
5.
Unforgiving Administration
at Bangalore in the year 2017: I returned from unauthorised leave in the year 2014 as
I got transferred from Chennai to Bangalore and was reporting to Smt. Chandana
Ramachandran, CIT-(Intl. Taxation). During this period my wife was recuperating
from the post-treatment of breast cancer and my father was suffering from
relapse of rectum cancer. As the work was not tough I could manage easily and
took leave in order to take care of my wife and father. During the year I
secured my first GOLD Medal from
Department of Science and Technology for my innovation in energy efficient
radiant heat gas burner, by becoming the best in the world. I had literally
reversed the gas fuel mechanism to the
envy of IIT and MIT.
i. At the end of the year I suddenly
found that I was transferred to Bangalore ITAT and the order specifically
mentioned “Not to be posted to field posting” I was devastated as I did not
receive a single memo from my reporting officer during the year pointing any
deficiency at my work. I was disillusioned
for the third time and went on unauthorised leave from the year 2015 till date.
A detailed letter is available vide link https://sanghihari.blogspot.com/2018/11/unauthorised-absence-from-duty-due-to.html
ii. On 16th October 2017 I found a
sealed cover which was a letter from PCCIT-1, Bangalore intimating adverse
comments on 30.05.2016 for the year 2014-15.
iii. The letter brought to my notice
that in my APAR 2014-15 at Point no.5 in Integrity Column Smt. Chandana
Ramachandran, comments were “Insufficient
time to judge” which was treated as adverse comment. The comments of the
reporting officer are found to be frivolous as the reporting officer need not
live life with me to know my integrity, but question only when there is a
complaint of corruption. As I did not have any complaints questioning the
integrity, then, I have all the right to be treated as innocent as the dictum
for integrity is “Unless until proven
Integrity for everyone is beyond doubt.”
This shows that I was again victimized on the issue of ACR by the senior
officer. To my surprise the CCIT-1, Bangalore reviewing authority at Bangalore
agreed with the reporting officer without ever knowing anything about me.
iv. I sought redressal before the
PCCIT-1, Karnataka & Goa. The letter is available in the link https://sanghihari.blogspot.com/2018/11/false-acr-issue-by-ms-chandana.html. This time I was not surprised
when the request got rejected by the unforgiving PCCIT-1, as I had already got
immune to inhuman behavior from every administrative quarter by being
disillusioned. The irony is that the PCCIT who got the adverse comments from
the reporting officer also delayed considerably in seeking my view for months
together. I still cannot digest that how
the delay at their end was considered as appropriate and fair but my inordinate
delay due to no fault of mine was taken very seriously. The attitude of
senior officers and the administration clearly reflects that even if you are
innocent, honest and an outstanding officer, no one is going to show mercy and
compassion if you have “Vigilance Tag”.
v. I did not pursue this matter
further as I knew the matter will go to insensitive line of authorities. As I
was neither expecting to join back the service nor expecting rising in ranks in
IRS I left the matter at that point. I was also sarcastically smiling as it is
exactly after a decade my ACR was getting spoiled and there was no change in
administration as “ONE CAESER WAS
EXACTLY REPLACED BY ANOTHER”.
vi. The procedure of writing ACR is
so sacrosanct that a detail procedure is given cautioning the senior
authorities not to be reckless while assessing the officer subordinate to them.
I feel that PCCIT-1 should have personally invited Smt. Chandana Ramachandran
and admonished her by stating that “your
action is unconstitutional as it is against the vigilance rules prescribed for
writing the ACR. There are only two option on Integrity assessment that is,
DOUBTFUL and BEYOND DOUBT. Hence you writing in ACR ““Insufficient time to
judge” in Integrity is totally inappropriate as it will tantamount to your
misconduct” This is what an administration has to do if it is having
welfare as a driving force in mind. This clearly shows that in our department
is not only Smt. Chandana Ramachandran needs training while writing an ACR but
many senior authorities in administration leading from top.
6. Experience of personal humiliation from senior
officers while living life with a “Vigilance Tag”:-
It is
really unfortunate to live life with a vigilance tag. It becomes more
humiliating especially when one is totally innocent and honest on one hand and
every person who meets looks down from the angle of suspicion by saying “do you know he has a vigilance case
against him”. I shall be sharing several episodes with senior officers
whose attitude and action literally got me disillusioned as they were
completely ruthless to me at work place despite being totally committed.
a. Mess caused in my life by administration at
Bangalore in the year 2007 – First time, I went on long spell of unauthorized
leave for almost two years in 2008 that is the year when I placed my
resignation for the first time as Deputy Commissioner due to continued
harassment by the unscrupulous officers led by Bangalore Administration, where
not only my ACR was spoiled but false vigilance case was being orchestered.
Both the CCIT-1 and DGIT(Inv), Karnataka and Goa, turned a blind eye on my
victimisation.
b. Depressed period of work in Madurai due to
“Vigilance Tag”: I was promoted as Joint Commissioner despite the officers with
sinister mind attempted to spoil my ACR and orchestered vigilance case so that
my promotion will get blocked as I was in the zone of elevation. The peers and
friends convinced me to join the office for the second time. I gave an honest try by working very hard.
But the senior officers made my life miserable. This led me to go on
unauthorised leave, second time, for next two years in the year 2012. The
incidents are :-
i. Ruthless CIT-1, Madurai: Shri ALKB Chand, CIT-1, Madurai
was my reporting officer who humiliated me in public in September 2009 despite
I was putting best of efforts in the moffussil area through my hard work. The
incident is available in link https://sanghihari.blogspot.com/2014/12/protest-against-alkb-chand.html.
ii. Malicious CCIT-IV, Chennai: Shri D Ravindra, CCIT-IV Chennai
was creating misinformation campaign maligning my image. The letter is
available vide link https://sanghihari.blogspot.com/2014/12/protest-against-d-ravindraccit.html
iii. Cruel Administration at Chennai: Shri P Selvaganesh a senior
officer from Chennai administration was maligning the image in year 2011
especially when I was attending my father who was suffering from rectum cancer.
The letter is available vide link https://sanghihari.blogspot.com/2018/11/p-selvaganesh-objectionable-behaviour.html
Sir,
by now you would have observed that the incidents, I faced are totally
unfathomable in any civilised society by learned men. But this is not a story of uneducated group of men
but the story of Indian Revenue Service Officers
who were selected & appointed by none other than “The President of India”
to uphold the values of Indian Constitution. There is serious HUMAN
RELATIONSHIP ISSUE in some portion of IRS system from top to bottom as it stands
totally diseased and rotten. It is the exact right time that you can become part of cleaning up process
by doing “Swach Bharath Abhiyaan” in and around your surrounding as it is not
only your fundamental duty but also the pet project of our honourable Prime
Minister of India.
Sir,
I very much aware that taking head-on the combined might I am exposing myself
to a very high risk & probability of getting my new profession destroyed
again by some sinister design from your end. But let me also bring to your
notice the purpose why I am doing this? I had total belief that being within
the institutional mechanism I will get right to be exonerated and gracefully exit
from the IRS. But the way the vigilance proceedings were conducted it is only
then I decided the institutional means have totally failed in CBDT and have got
crippled. It is then I took up the onus
in correcting it, and then attempting to revitalize the system so that after my
departure, the faith of innocent junior officers will never be decided by
unscrupulous senior officers.
Sir,
I humbly give you a last opportunity to correct the wrongs done to me, as whatever
the outcome may be, I will not appear before the inquiry officer for vigilance
proceedings but fight in the Court of Law. The vigilance proceeding based on
above facts is void ab-initio and the classic and rare case in the history
of CBDT for its inaction, misuse and abuse of authority against an innocent IRS
officer. There is no point in
continuing with this proceeding as it is time to correct the wrong so that
solution can be done within the aegis of CBDT. If it is not done then I still
have faith in Indian Judiciary where I shall be definitely dragging every
authority and making them experience my pain caused due to executive inaction
through misuse and abuse of authority. I still feel we can sit across and
resolve this problem amicably. As your seat is the first authority as a CREATOR of all this mess, and you are also
technically still my superior, I am giving the last opportunity to solve this
amicably by sitting across. Please call
me as I am always available for you at +91 7671020900.
Let me share that I will never join
back the duty but definitely aspire for an honourable exit with impeccable
career, so please take this request also
as advance explanation if you are contemplating any memo to be issued for
unauthorised absence.
This
is for your information and necessary action.
Thanking you.
Yours
faithfully,
Sd/-
(Sanghi Sri Hari Rao)
CC to:-
1. The
Chief Vigilance Commissioner, New Delhi.
2. The
Director General Income-tax (Vigilance), New Delhi,
3. The
Director General Income-tax (Investigation), Bangalore.
4. The
Additional Director-General Income-tax (Vigilance)(South), Chennai.
5. The
Addl. CIT (Vigilance), Bangalore.
6.
The Inquiry Officer, CIT (A)-3,
Bangalore.
7. The
Presenting Officer, the DCIT Central Circle 2(2) Bangalore.
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