CBDT issues instructions on Suspension
BASED on the above Supreme Court judgement, the CBDT has issued instructions to all the Principal Chief Commissioners of Income Tax to follow and direct their subordinates to follow the principles in the judgement.
CBDT refers to the following principles:
a) The direction of the Central Vigilance Commission that pending a criminal investigation, departmental proceedings are to be held in abeyance, is now superseded.
b) The currency of a Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/Chargesheet is not served on the delinquent officer/employee.
c) If the Memorandum of Charges/Chargesheet is served, a reasoned order must be passed for the extension of the suspension.
d) The Government is free to transfer the concerned person to any Department in any of its offices within or outside the State so as to sever any local or personal contact that he may have and which he may misuse for obstructing the investigation against him.
e) The Government may also prohibit him from contacting any person, or handling records and documents till the stage, he is required to prepare his defence.
CBDT further directs that in all such cases where officers/officials are transferred to a different station after revocation of their suspension, the transfer order must specifically refer to the judgment in this case and mention about the liberty granted by the Hon'ble Supreme Court, so that the transfer cannot be challenged as being in violation of Transfer Policy. Further, in all such cases where the officers/ officials are retained at the same station after revocation of their suspension, orders may be issued prohibiting such officers/officials from contacting any person, or handling records and documents till the stage of their having to prepare their defence.
Will CBEC also issue such instructions?