ADG vs DG DRI - High Court Orders probe - Department bound to protect honest officers from harassment
REMEMBER the Chennai DRI ADG, C. Rajan who was arrested by CBI on 7.3.2012 allegedly caught red-handed with two lakhs cash and i-pad.. But the facts as per the CBI mahazar are that the cash was given to his driver outside a church when Rajan was not present anywhere near the church. The driver is said to have taken Mrs.Rajan to her house from the church and then proceeded to Rajan's office. Rajan got into the car and reached his home and only then the CBI arrived to catch him red-handed. Between the church and the home, the tainted money was inside the car with passengers changing.
After his release, Rajan sent representations to the Prime Minister, Finance Minister, Revenue Secretary and DG, DRI. He complained that he issued a Show Cause Notice to JSW Steels Ltd on 22.2.2012 alleging evasion of duty of Rs. 302 Crores; that he received a telephone call from the Director General of Revenue Intelligence on 23.2.2012, instructing him not to issue the show cause notice; that the Director General told him that he was in distress due to the initiation of show cause notice to JSW Steels and that one Ms.Omita Paul, working in the Ministry of Finance was intermeddling and pressurising him to withdraw the show cause notice; and that he made it clear to the Director General on 23-2-2012, that he could not withdraw the show cause notice, the Directorate of Revenue Intelligence issued a letter dated 24.2.2012, directing the show cause notice to be kept in abeyance.
Getting no response, he filed writ petitions in the Madras High Court seeking a direction to probe the matter.
The Madras High Court observed that this cannot be brushed aside wholly as the products of a figment of imagination. These averments are specific, with reference to dates, events and persons concerned.
Honest and Committed Officer : The former ADG submitted that his name was recommended by the Chief Commissioner of Customs, in the year 2007 for the award of Padmashree. His name was again recommended for presidential award on the occasion of the Republic Day in the year 2012 for specially distinguished record of service. Therefore, it is his case that he has been fixed, for stalling the enquiry initiated by him against two companies. His grievance is that he, who was virtually a celebrity in the Department till the other day, with his name being recommended for a National Honour, suddenly fell out of grace, after the issue of a show cause notice to a leading Industrial House.
The High Court observed, "the desired object of the Prevention of Corruption Act, is not only to prevent corruption among the public servants, but also to prevent the harassment of the honest among them. The Court is duty bound to see that the machinery under the Prevention of Corruption Act is not misused to harass an honest public servant, by or at the instance of persons against whom he takes action in the course of his official duties."
The High Court judge further observed, "If the petitioner is really honest, as he proclaims to be , but about which I am not competent to pronounce an opinion, the Department is duty bound to protect him from harassment."
So, the High Court directed the Revenue Secretary either to inquire by himself, into the representation of the petitioner about the circumstances under which the ADG was allegedly fixed or in the alternative, to forward a copy of his representation to the Director of the Central Bureau of Investigation, for a detailed inquiry into the same. In either case, the result of such inquiry shall be communicated to the petitioner within a period of 8 weeks .
This is sensational - Can you imagine a senior officer like the ADG of the dreaded investigative agency like the DRI being fixed and sent to jail, just because he issues a high value Show Cause Notice to a trader? If the allegation is true, DRI officers should think a hundred times before they book powerful offenders, for they may be attacked not by the smugglers and offenders, but by their own Department. By sheer hard work, discipline and a little of third degree, the DRI has earned the reputation as a premier investigating agency (not in India alone) and if the officers are under threat of arrest and torture for doing their duty -this is an alarming situation.
This is no plea on behalf of the accused ADG, but as the High Court judge observed, “ what bothers me is that this kind of a trap can be organised even against anyone, including an honest Officer, without such honest Officer having a scent of what is happening behind his back. If an honest Officer is to be fixed, it can be done by the very same procedure that the CBI had followed in this case. I make it clear that I am not giving a certificate of good character to the writ petitioner. All that I am trying to point out is that if people want to fix somebody, they can easily do it in this manner.”
We bring you today this High Court order delivered on Friday. Please see Breaking News.