Kerala High Court
Shantam Bose vs Union Of India on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Thursday, the 7th day of April 2022 / 17th Chaithra, 1944
IA.NO.1/2022 IN OP (CAT) NO. 205 OF 2015
AGAINST THE ORDER DATED 18.09.2015 IN O.A NO.726/2015 OF THE CENTRAL
ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH)
---
PETITIONERS/RESPONDENTS 1 & 2:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF
INDIA,MINISTRY OF FINANCE,DEPARTMENT OF REVENUE,CENTRAL BOARD OF
DIRECT TAXES,NEW DELHI-110 001.
2. THE PRINCIPAL, CHIEF COMMISSIONER OF INCOME TAX KERALA, CENTRAL
REVENUE BUILDING, I.S.PRESS ROAD,KOCHI-682018.
RESPONDENTS/PETITIONER & 3RD RESPONDENT:
1. SHANTAM BOSE, S/O.LATE SHRI.K.BOSE,COMMISSIONER OF INCOME
TAX(DR),KOCHI, RESIDING AT 1401,KRYPTON TOWERS,ZAKHARIA BUNDER
ROAD,SEWRI(W),MUMBAI-400 015.
2. SHRI.B.P.GAUR, THE THEN DIRECTOR GENERAL OF INCOME
TAX(INVESTIGATION) MUMBAI,PIN-110001.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
granted for completion of disciplinary proceedings as per order dated
13/10/2021 in I.A.No.8/2021 in OP(CAT) No.205/2015, by a period of further
3 months.
This Application coming on for orders on 07/04/2022, upon perusing
the application and the affidavit filed in support thereof, and this
courts judgment dated 27/05/2019 in OP (CAT) No.205/2015, and the order
dated 13-10-2021 in IA.No.8/2021 in OP(CAT) No. 205/2015, upon hearing the
arguments of SRI.DINESH R.SHENOY, CGC, for the petitioners in IA
/Respondents 1& 2 in OP (CAT) and of SRI.M.RAMESH CHANDER, SENIOR ADVOCATE
and M/S. ANEESH JOSEPH & DENNIS VARGHESE, Advocates for the Ist respondent
in IA/ petitioner in OP (CAT), and SRI.DINESH R.SHENOY, CGC for R2 in
IA/R3 in OP (CAT),the court passed the following:
P.T.O.
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
=========================================
I.A No.1 of 2022
in
O.P(CAT) No.205 of 2015
[arising out of the impugned final order dated 18.09.2015
in O.A No.726/2015 on the file of the CAT, Ekm. Bench]
=========================================
Dated this the 07th day of April, 2022
ORDER
Heard both sides. This is an application filed by the applicants in
the I.A/respondents 1 & 2 in the O.P, seeking extension of time for
completion of disciplinary proceedings as per this Court's order dated
13.10.2021.
2. The contents of para Nos.5 to 10 of the affidavit dated
10.03.2022 accompanying the present I.A No.1/2022 in the above
disposed O.P, reads as follows :
"5. In view of those contentions, the Inquiry Officer had
requested the Department to ensure that orders are passed by this
Hon'ble Court before he is called upon to proceed with the
disciplinary proceedings. Thereafter, the matter was heard on
26/3/2021 and this Hon'ble Court after detailed hearing, granted
extension of time by three months from that date. Immediately on
the same day, this was communicated by our lawyer to the
Department by registered post acknowledgment due. The matter
was communicated to the Inquiry Officer also.
6. But in the meanwhile, the Inquiry Officer had
contracted Covid on 31/3/2021 and, after treatment and
completing quarantine, he could join service only on 19/4/2021.
Thereafter, the Inquiry Officer had resumed proceedings by
issuing notice to the Charged Officer for appearance on 29/4/2021.
But now the Charged Officer informed that he is in quarantine due
to Covid 19 and is suffering from medical complications and is
presently on medical leave. He requested that as per medical
advice, he would require 5-6 weeks to complete his treatment
protocol and requested that hearing may be adjourned to first
I.A No.1 of 2022
in
O.P(CAT) No.205 of 2015
week of June, 2021 subject to his medical fitness. The presenting
officer was also quarantined due to Covid 19 infection in his
family and the place of Inquiry viz. Chennai, Tamil Nadu, was
placed under strict lockdown from 10/5/2021 to 24/5/2021. In
the circumstances, the Inquiry Officer had requested for a further
extension of 6 months in view of the Covid 19 infections and the
medical issues faced by him, the presenting Officer, as also the
Charged Officer, forwarding the letter of request by the Charged
Officer and the medical certificates issued to him by the
concerned Medical Officer under the Central Government Health
Scheme. In the circumstances, as nothing else could be done in
this situation, a letter had been issued to the Central Government
Counsel by the DDIT (Vig), Delhi, requesting that an application
may prepared and be filed seeking further extension of time for
completion of the Inquiry proceedings of this case and
IA.No.8/2021 was filed for extension of the time already granted
by this Honourable Court on 26/3/2021.
7. This Honourable Court considered the prayer and,
after hearing the respondents also, issued an order dated
13/10/2021 extending the time by 5 months from the date of the
order. Immediately thereafter, in compliance of the direction of
this Honourable Court, Inquiry proceedings had been expedited,
with due diligence and the Inquiry Officer has already submitted
a report on 9/2/2022. But, after the submission of the report of
the Inquiry Officer, as per law, a number of procedural steps are
to be complied with such as
(a) examination of the Inquiry Officer's report.
(b) submitting the case to the CVC for its second stage of
advice or (c) to the UPSC for its advice.
8. Thereafter, after receiving advise from the
CVC/UPSC, the file has to be submitted to the Disciplinary
Authority for final approval along with the advice of CVC/UPSC.
The Charged Officer is also required to be given a fair
opportunity to represent his case again, before the Disciplinary
Authority, if required. As this process is technical and mandatory
and would require atleast 3 months, it will not be possible to
complete the disciplinary proceedings within the time limit
granted by this Honourable Court as per order dated 13/10/2021
in IA.No.8/2021 in the above OP(CAT).
9. It is submitted that the Inquiry Officer and the
Department have been proceeding with due diligence in this
matter and further time is required for complying with the
mandatory procedures required to be complied in completing the
I.A No.1 of 2022
in
O.P(CAT) No.205 of 2015
disciplinary proceedings, without which the proceedings will
stand vitiated and will be rendered ineffective and null and void.
Now that the Inquiry is over and Inquiry report is received, the
technical and other statutory requirements are to be complied
with properly.
10. Therefore, it has been requested by the Directorate
of Income Tax (Vigilance), New Delhi that an application may be
filed for a further 3 months of extension of time for completion of
disciplinary proceedings in this case, as directed in OP(CAT)
205/2015, and extension orders granted subsequently. If this
prayer is not granted irreparable injury and hardship will be
caused to us."
3. Sri.Dennis Varghese, learned counsel appearing for R1 in the
I.A/original petitioner has opposed the plea.
4. Having regard to the facts and circumstances disclosed in the
affidavit accompanying the present I.A, this Court is inclined to grant
time extension. Accordingly, it is ordered that further time by three
months from today is granted, as last chance.
Accordingly, the above I.A will stand disposed of.
Hand Over
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
vgd
07-04-2022 /True Copy/ Assistant Registrar
