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of <h1>Supreme Court Upholds Disciplinary Inquiry Against Deputy Commissioner of Income-tax</h1> The Supreme Court allowed the disciplinary inquiry against a Deputy Commissioner of Income-tax to proceed, overturning the Tribunal's decision to quash ... Mere technical violation or merely because the order is wrong and the action not falling under the above enumerated instances, disciplinary action is not warranted - appeal of revenue is allowed, the order of the Tribunal is set aside, the disciplinary inquiry against the respondent shall proceed unhindered and expeditiously. It is in the interest of everyone concerned that the truth or otherwise of the charges is determined at the earliest Issues Involved:1. Validity of the charges framed against the respondent.2. Tribunal's interference at the interlocutory stage.3. Jurisdiction of the Tribunal in disciplinary proceedings.4. Applicability of judicial review in disciplinary matters.5. Relevance of prior judicial/quasi-judicial orders in disciplinary proceedings.Issue-wise Detailed Analysis:1. Validity of the charges framed against the respondent:The charges against the respondent, a Deputy Commissioner of Income-tax, included allegations of improper and illegal conduct during a survey under section 133A of the Income-tax Act, 1961. The charges specified that the respondent failed to examine incriminating documents, acquiesced in the assessee's offer to disclose a smaller amount, and improperly directed the Assessing Officer to complete assessments under section 143(1). These actions allegedly violated rules 3(1)(i), 3(1)(ii), and 3(1)(iii) of the Central Civil Services (Conduct) Rules, 1964. The Tribunal quashed these charges, stating they did not indicate any corrupt motive or culpability. However, the Supreme Court found that the charges did indeed allege illegal and improper conduct, thus warranting further inquiry.2. Tribunal's interference at the interlocutory stage:The Tribunal initially stayed the disciplinary proceedings based on the Supreme Court's decision in V. D. Trivedi v. Union of India. However, the Supreme Court in Union of India v. A. N. Saxena had emphasized that the Tribunal should not interfere at an interlocutory stage without thorough consideration. The Supreme Court reiterated that the Tribunal should not have quashed the charges based on preliminary material, as it essentially undertook the inquiry meant for the disciplinary authority.3. Jurisdiction of the Tribunal in disciplinary proceedings:The Supreme Court highlighted that the Tribunal's jurisdiction is akin to that of the High Court under Article 226 of the Constitution. It can interfere only if the charges framed do not constitute misconduct or are contrary to law. The Tribunal cannot delve into the correctness or truth of the charges at the framing stage. The Supreme Court stressed that the Tribunal overstepped its jurisdiction by evaluating the material and orders produced by the respondent, which should have been examined during the disciplinary inquiry.4. Applicability of judicial review in disciplinary matters:Judicial review in disciplinary matters is limited to ensuring fair treatment and adherence to due process. It does not extend to examining the correctness or reasonableness of the decision itself. The Supreme Court reiterated that even after the conclusion of disciplinary proceedings, courts or tribunals cannot assess the truth of the charges or the findings of the disciplinary authority. The review is confined to the decision-making process, not the decision's substance.5. Relevance of prior judicial/quasi-judicial orders in disciplinary proceedings:The Tribunal relied heavily on the findings of the Income-tax Appellate Tribunal, which had allowed the appeal of the assessee against the Commissioner's order under section 263. The Supreme Court noted that these findings were incidental and not conclusive regarding the respondent's conduct. The disciplinary proceedings were independent of the judicial/quasi-judicial orders, and any observations made in those orders were not determinative of the respondent's culpability. The Supreme Court emphasized that the disciplinary inquiry should proceed without being influenced by the prior judicial findings.Conclusion:The Supreme Court set aside the Tribunal's order, allowing the disciplinary inquiry against the respondent to proceed unhindered and expeditiously. The Court emphasized the need for the disciplinary authority to determine the truth or otherwise of the charges based on a thorough inquiry. The appeal was allowed, and the respondent was ordered to pay the costs of the appellant, assessed at Rs. 5,000.
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