TaxTMI 
TaxTMI 
2007 (8) TMI 646
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.... Northern Railway, Bareilly, against whom an FIR No. 251/06 dated 24 April 2006 was lodged for inflicting grievous injuries on her brother. According to her, after the arrest of Shri Midha by the Delhi Police, he was released on bail and since then was evading criminal proceedings. The four counts on which information was sought for are as follows : (i) Whether Shri D.K. Midha informed the Railway authorities about the pending FIR against him as well as of the related developments? (ii) Whether Shri Midha had left the country for South Africa or some other country on an official tour? (iii) Whether Shri Midha intimated the Visa issuance authority (i.e. Embassy Officials) as required, on the prescribed visa form, regarding pendency of the....
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....case of a foreign visit, which is an essential requirement for any government official. Obviously, the Department has grievously faulted in the matter. The Commission authorized the Complainant to go to the concerned office herself and look through the entire records of Shri D.K. Midha and take photocopies of the documents she required, free of cost. 4. During the hearing, the Commission wanted to know how a person against whom an FIR was pending could have left the country. The Railways seemed to be in the dark about the foreign visit of its official. Since there was no information available, it was also difficult to say which country this person could be in and when he would return. It was, however, mentioned by the Respondents that the ....
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....y members in Bareilly and enquired from them as to where he had gone. In response, they gave him a wrong piece of information which was passed on to the Appellant. Thus, whereas his family members stated on record that he had gone to South Africa, the Appellant during the hearing produced documents to the effect that he was in Mozambique and was in some sort of an association with IRCON/RITES in a venture jointly launched by them. 10. On the other hand, the employee himself while applying for leave for his foreign visit mentioned as the objective of his visit : "foreign tour and to meet his daughter". Obviously, the statement of his family members together with his own are completely at variance with the reality. 11. During the hearing, t....
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....in by some officials. This was obviously for the exclusive knowledge of the Department so that they could launch inquiries into the matter. The Department, on the other hand, passed on this application as it was in toto to the person concerned who retaliated by using objectionable language (which the Appellant described as 'lurid') against the Appellant herself. This the Department, in turn, forwarded to the Appellant. By any stretch of imagination nothing can be more objectionable for a Government Department. One can only sympathize with the mental agony that the Appellant would have undergone through this action of the Department. Moreover to the Commission, there is little doubt that there is deep collusion between this official and his ....