Agony of a harassed officer
IF you think Revenue officers are there to harass you, this is the story of a harassed IRS (former) officer. Recently the CVC has in its website given a list of cases pending where process of documentation had been going on for more than six- months. One of the names in the list is STEPHEN DSOUZA, Additional Commissioner, CBEC whose case is shown as pending since 24.3.2009. Mr. Dsouza has written a letter to the CVC, a copy of which he sent us;
Excerpts:-
My case is pending not since 24-3-2009, but since march 2005 when I was issued the charge memo. So far I have written more than 12 reminders-I have appeared for preliminary hearing before three Inquiry officers, including the present IO on 24-3-2009. So far not a single hearing has been conducted in my case for the past 5 years, despite repeated reminders to expedite my case. Being a misfit in the system, I wanted to settle down in my hometown Mumbai, with plenty of corporate offers, and a full-fledged MBA degree. Just after submission of my resignation notice in January 2002, CBI registered a case against me and other persons for a alleged misuse of drawback scheme in year 1999 at Mangalore. I withdrew my resignation, and obtained some copies of relevant documents which showed I didn't give drawback, raised all objections, and my department had given me a clean chit, since neither in the show cause notice or the commissioner deptl. adjudication order, was I even charged of any act of commission or omission. If not guilty of even minor customs offence, how can a charge sustain under CCs rules or by CBI. CVC in 2004 refused sanction for prosecution, saying case not fit for prosecution by CBI. The Mangalore court has since closed case registered against me. Fed up with delay in completing the inquiry despite nearly 10-12 reminders, in August 2008, I served legal notice of filing a writ petition in Bombay high court to 10 respondents of the union of India, including president, PM, CVC., CBI. Finance ministry, RBI and CBEC senior officials of blatant human rights violation under article 14, 19 and 21 of the constitution of India. Thereafter I was relieved officially by the dept. in Jan 2008, and allowed to work , a fundamental right to living, my seized accounts were released by banks under instruction from RBI and later awarded interest, a decision that benefited thousands in the country. Last year CBI closed the case as per the Mangalore metropolitan magistrate not taking cognizance of case. Today a news item has appeared in DNA quoting CVC website, giving the impression that the dept is shielding me. The fact is that I am a victim, and the department is unable to explain why after giving me a clean chit in investigation, SCN, and commissioner adjudication order, suddenly they found me guilty of not a minor customs offence, but a major act of misconduct, as also even an IPC violation, which has since been closed both by CBI and CVC.
DEar sir, I was trying to rebuild my shattered life. I have been a mgt. consultant in my hometown Mumbai. In the circular you yourself have quoted. "Natural justice demands that disciplinary proceedings are finalised in an expeditious manner. The delay in completion of proceedings works against the institutional incentive built to fight corruption. It may either cause undue harassment and demoralization of innocent employees, who at the end of the proceedings are exonerated of the charges framed against them; or it enables the guilty officers to evade punitive action for longer periods of time. In the former, it is not fair to the official concerned. In the latter, it provides perverse incentive for the corrupt. The delay in handling disciplinary cases has, on several fact been instances where the proceedings initiated against the delinquent employees were quashed solely on the ground that there were inordinate delays in handling the disciplinary cases. It is important that the formal proceedings, once instituted, are completed within the time frame laid done by the Government so that timely action can be taken against the delinquent employees." Putting names on websites tantamounts to pronouncing the officer guilty, without even a single regular personal hearing over 5 long years. Is this fair? Is this your brand of instant Justice? I have suffered enough for 8 years, and may not last this ordeal and torture OF SOCIAL AND GOVT. SPONSORED OSTRACISM.. Please hang me if I am guilty, I wrote to president Kalam and president Pratibha Patil, but please do it soon. if DEPT HAS DELAYED THE INQUIRY, WHAT IS MY FAULT? IF DEPT HAS RELIEVED ME, ONLY AFTER LEGAL NOTICE TO 10 RESPONDENTS INCLUDING PRESIDENT, PM, FINANCE SECRETARY, RBI GOVERNOR ETC ON JANUARY 2008, WHAT IS MY FAULT? My children in std xii and std x exams, I have no option but to teach them. AFTER MARCH 17, I SHALL BE MOVING THE COURTS AND CAT FOR THIS GROSS VIOLATION OF NATURAL JUSTICE, AND DAMAGE TO REPUTATION WITHOUT EVEN A TRIAL FOR 5 YEARS, WHICH VIRTUALLY DEPRIVES MY OF RIGHT TO A DECENT LIVING. I AM MARKING THIS COPY TO ALL WEBSITES, THE PRESS, AND HUMAN RIGHTS GROUPS. I KNOW I CANNOT FIGHT THE SYSTEM, BUT I PREFER TO GO DOWN FIGHTING”