Special Judge for CBI Cases, Ernakulam has convicted Shri Ajay Pratap Singh, then Inspector, Central Excise Tax Division, Kathrikadavu, Cochin U/s 7 & Section 13(2) r/w 13(1)(d) of PC Act, 1988 and sentenced him to undergo two years Rigorous Imprisonment with fine of Rs.25,000/- in a bribery case.
CBI investigation revealed that Shri Ajay Pratap Singh while working as Inspector, Central Excise Service Tax Division, Kathrikadavu, Cochin demanded and accepted an amount of Rs.15,000/- as bribe from the complainant for settling his service tax returns for 2009-2010 and exempting heavy fine. The accused was caught red handed by CBI on 07.07.2011 while accepting the bribe amount. (Source- CBI Press Release dated 30.12.2014)
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Sri G.Balakrishnan’s views are very opt. While seriously viewing the deficiency of the deliquent govt servant, judgement should not loose sight of the consequences faced by the assessee.
Good judgement indeed.
It is a general rule of law when a ministerial duty is imposed, an action lies for breach of it, without malice or negligence. I mean to say under vicarious liability even the department is liable to pay damages under law of torts to the injured assessee too, as it is a mandatory responsibility of the department that it has to ensure its staff do not exceed the powers granted to their servants as these servants being public servants the department is always to be vigilant on the activities connected to their performance of function is performed per the statutory guidelines and when not performed the department should pay damages caused to assessee legally.
in the circumstance i would suggest to the affected assessee to move the court under Art 226 r/w 227 for judicial review to give directions to government to perform its duties of strict liabilities to their assesses, that way you can keep a tab on the very department is my view ,