IRS Officer trying for a transfer through MOS(R) - Charge-sheet without approval of Disciplinary Authority not valid – High Court
The allegations levelled against the officer are that while working as Additional Commissioner of Income Tax in the year 2003, he has failed to maintain integrity and exhibited conduct becoming of a government servant, as he approached one practicing Chartered Accountant in Chennai pertaining to his transfer from Chennai to Mumbai and in turn an approach and contact was made to 1st P.A. to Shri G.N. Ramachandran, the then Minister of State for Finance (Revenue), Govt. of India and on a demand of certain money, he agreed to pay the bribe for ensuring his transfer.
The officer was duly charge-sheeted. He approached the CAT on the ground that the charge sheet was not approved by the Disciplinary Authority who happened to be the Minister of Finance.
The Tribunal held, “As no specific approval has been accorded by the disciplinary authority to the charge sheet, it is right from inception without jurisdiction and is not sustainable in law.”
The charge sheet was quashed; however the government was accorded liberty to take appropriate action against the officer.
The Government took the matter to the High Court with the question, “whether the charge sheet issued to the IRS officer in connection with a disciplinary inquiry was required to be approved by the disciplinary authority or not”.
The High Court agreed with the Tribunal that “the charge sheet ought to have been approved by the disciplinary authority before it is issued. Since there was no such approval obtained, the charge-sheet was issued without jurisdiction.”
Moral of the Story: When you approach somebody for a transfer, be sure that he is capable of getting you a transfer; if not you will be charge-sheeted. See the inequity of the situation. If your source is strong, you get the transfer and no questions asked, but if your source is weak, you don't get the transfer and on top of that you are stuck with a charge-sheet.
Some twenty five years ago, an MOS, Revenue sent a letter to a Collector of Central Excise recommending a transfer of an Inspector. The Collector did not oblige and in a few months the Minister got defeated in the Elections and the Collector promptly issued a memo to the Inspector for bringing political pressure for transfer.
UNION OF INDIA Vs B V GOPINATH