2022 (5) TMI 374

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Bhuanesh Sehgal, Adv. Respondent Through: Mr. Vikram Jetly, CGSC with Ms. Shreya Jetly, Adv. NAJMI WAZRI, J. (ORAL) The hearing has been conducted through hybrid mode (physical and virtual hearing). 1. The petitioner impugns the order dated 08.05.2019 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi in O.A No. 1355/2019, upholding the issuance of Charg....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ates that "approval for issuing Charge Memo/sanction prosecution" lies with the Finance Minister. Apropos the authority to issue such Charge Memo, the respondent had so clarified through a RTI reply, that sanction was not granted by the Union Finance Minister. In the said reply, the respondent has admitted that Chairman, CBDT gave approval for initiating penalty proceedings against the petitioner.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Minister through the Minister of State. However, VIP References addressed to the Finance Minister will be submitted directly to her. 3. The following matters will be disposed of at the level of the Minister of State: ... CBDT (i) All matters relating to establishment and vigilance of Group- A officers below the rank of Commissioner of Income Tax. ..."....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Charge Memo or other related proceedings against the said officer. A reference has been made in the impugned order to the dicta of Supreme Court in Union of India and Others vs. B.V. Gopinath (2014) 1 SCC 351. However, the Government of India has itself clarified that the sole authority to issue Charge Memo or initiate any disciplinary proceedings against a Group - A Officer or an Officer whose ap....