FROM THE DESK OF CHAIRMAN, CBDT
21st September, 2012
A Regular and Open Channel of Communication with Chairman, CBDT has been put in place for the convenience of Member(s) of the IT Family.
2. It is however, observed that Officers/Officials come to the CBDT without prior appointment to put forth their views in person to the Chairman, CBDT. This causes avoidable inconvenience to them, as at times, they have to wait for the meeting due to pressing engagement of the Chairman, CBDT.
3. Please feel assured that requests made on Telephone and mail at [email protected], receive the immediate attention of Chairman, CBDT. Therefore, Member(s) of the Income Tax Family may avoid the bother of travelling to Delhi for meeting The Chairman. However, if for some pressing reason, meeting is inevitable, prior appointment may be sought from the Office of Chairman, CBDT.
4. Unscheduled Meeting(s) with Chairman, CBDT, would be possible only between 01:00 P.M. to 01:45 P.M. on all working days.
5. This is for information.
Source- CBDT
To ,
PROF. D.P. AGARWAL SAHEB.
the chairman, UPSC,
NEW DELHI.
Respected sir,
Subject:– stop publishing promotion’s orders of income tax officers to the post of Assistant commissioners of income tax in CBDT, Deptt. of Revenue against the vacancies of 2012-13 on the basis of DPC conducted on dt. 20-04-2013 depending upon fraudulent gradation list of ITO’s based on five different formulas of seniority fixation in its feeder cadre—REGARDING—
Kindly refer to the above and the following three enclosed letters:-
1—Most urgent letter addressed to the chairman, CBDT sent through proper channel and through fax which is being enclosed for your immediate ready reference. (Enclosed as ANN-A in 3 pages )
2—Copy of letter u/s 7(1) of the RTI Act 2005 seeking information’s within 48 hours in connection to illegal conduct of DPC as mentioned above. (Enclosed as ANN-B in 9 pages with copies to hon’ble President of India & hon’ble Prime Minister of India)
3- Copy of letter sent to your honor directly on dt. 05-09-2012 with the most genuine & universally accepted suggestion at point no. 08 under caption—WHAT YOU NEED TO DO. (Enclosed as ANN-C in 26 pages ).
In this connection I urgently want to bring following event wise facts for your immediate kind attention & action please:–
1—vide high court’s order passed in the case of Rajeev Mohan Vs. UOI & Ors on dt. 13-04-2012, hon’ble Allahabad High court had quashed the illegally prepared gradation list of Inspectors in the year 2002 . This order also narrates the way & method to prepare any gradation list.
2—Accepting the aforesaid orders, hon’ble CCIT(CCA), Kanpur with the due consent of CBDT had proceeded to change the gradation list on dt.09-07-2012 as per the method suggested by hon’ble High Court and put me above Sri Arvind Trivedi. It is important to point out here that my personal case had never been dealt with the ratio’s propounded in N.R.Parmar’s case in S.C’s order either of dt. 20-03-2006 or of dt. 27-11-2012 but is decided on the basis of circular of CBDT dt. 14-05-1990 specifically meant for INTER CHARGE TRANSFEREES.
3—later, the supreme court had passed an order to maintain Status Quo on the SENIORITY which means STATUS QUO on tentative seniority list published by the department wherein my name was put above Sri Arvind Trivedi, so in no way Sri Arvind Trivedi can ever be promoted before me even if the deptt. adopts any criteria of the fixation of seniority . leave aside the criteria either of initiation of recruitment process or of vacancy date ,even if, the department takes the birth date then also Sri Arvind cannot travel above me.
4- Taking the base of the above three, the department formulated TASK FORCE to implement the ratios as suggested in N.R.Parmar’s case and method to be adopted in framing gradation list as per my order. Task force formulated but it did nothing ,however, department looks adamant to do promotions from highly illegal gradation list of ITO’s based on five formulas of fixation of seniority of ITO’s feeder cadre i.e. Inspectors.
HOW THE SENIORITY OF AN INTER CHARGE TRANSFEREE IS TO BE FIXED
N.R.Parmar’s order is grossly silent over the fixation of seniority of direct recruit inter charge inspectors. Hon’ble supreme court, it looks that keeping into mind article 14 & 16 of the constitution of india courts might have clubbed all direct recruits probably on same footings but my order specifically interprets the ICT rule. My court’s order specifically says that as per seniority order of CBDT dt. 14-05 1990 I will have to be placed below all working direct recruited inspectors whose inter se seniority had been regulated at the time of my joining at Kanpur . So when I joined here at Kanpur, none from Arvind’s batch had joined here at Kanpur ,therefore by all means, the seniority of Arvind and his entire batch will have to be regulated below me.
WHAT THE OFFICERS OF THE DEPARTMENT DO ON SENIORITY & TRANSFER POSTINGS ISSUES
1–Sri H.C.Pant ex-CCIT(CCA),Kanpur who was about to retire had clandestinely allowed to change the seniority positions when the gradation list was clandestinely changed in the year 2002. Later, clandestinely proved into the court of law.
2—Sri Bajpai, DGIT who was retired on dt. 20-06-2012 passed illegal transfer orders on dt. 20-06-2012 by illegally transferring me to Agra which was got stayed by hon’ble CAT, Allahabad.
3—Some big officer from CBDT is going to get retirement in the month of May 2013 therefore all possibilities are there that some fraudulent act is done before such retirement.
DIFFERENT COURT’S VIEW ON OUR OFFICER’S WORKING
1—HIGH COURT, NEW DELHI IN THE CASE OF LALARAM HAD OPINED THAT DEPARTMENTAL OFFICERS HAD MADE APPOINTMENT & SENIORITY MATTERS A FLOURISHING BUSINESS.
2—HIGH COURT’S JUDGES OF GUJRAT IN THE CASE OF N.R. PARMAR HAD OPINED THAT THEY HAD VERY GOOD OPINIONS OF DEPARTMENTAL OFFICERS ON THE BASIS OF THEIR COMING ACROSS SEVERAL ASSESSMENT ORDERS BUT AS SOON AS THEY CAME ACROSS THE METHODS OF THEIR WORKING ON SENIORITY MATTERS, THE OPINION OF THEIRS HAD REVERSED.
3—THROUGH DIRECT BLAMING, HON’BLE JUDGES OF ALLAHABAD HIGH CURT WHILE PASSING ORDER IN MY CASE NO.23672/2006 HAD OBSERVED –
“ WE FULLY AGREE WITH THE SUBMISSIONS AND PLEADINGS of THE PETITIONER IN PERSON THAT THE SENIORITY LIST WAS CLANDESTINELY CHANGED IN THE YEAR 2002.”
LEGALLY APPROVED OXFORD DICTIONARY DESCRIBES WORD CLANDESTINE AS DOING SOMETHING SECRETLY WITH ILLICIT MOTIVE WHICH COLLECTIVELY MEANS FRAUD.
HOW FRAUD CAN BE MASTERMINDED IN ORDER TO PROMOTE MY JUNIOR SRI ARVIND TRIVEDI.
BEHIND THE CURTAIN, I FEAR LEST THE LOGIC MAY BE FRAMED TO DO AD-HOC PROMOTIONS IN ORDER TO PROMOTE SRI TRIVEDI .
IN THE EVENT OF AD-HOC PROMOTINS, HOW I CAN BE ACCOMODATED IN THE PROPOSED PROMOTIONS
Most importantly, the department had not appealed against the order dt.13-04-2012 passed by the hon’ble High court, Allahabad, therefore principally, the department had accepted the verdict of hon’ble High court in so far as fraudulent framing of gradation list is concerned, as because the tentative gradation list had been published on dt.09-07-2012 ,wherein I had been placed above sri Arvind Trivedi and order of status quo by hon’ble supreme court was delivered on dt. 17-07-2012, which is applicable on tentative gradation list, therefore, by all means I must be accorded well before Arvind Trivedi.
ACCORDINGLY, IN THE LIGHT OF ABOVE FACTS & CIRCUMSTANCES OF THE CASE, I HUMBLY REQUEST YOU NOT TO PROCEED AGAINST THE ABOVE ORDERS/DIRECTIVES. EVEN AFTER THIS IF YOU ALLOW THE DEPARTMENT TO PROCEED WITH THE DECLARATION OF SUCH ILLEGAL & FRAUDULENT PROMOTIONS, THEN IN SUCH A SITUATION I WILL BE LEFT WITH NO OPTIONS BUT TO INCLUDE YOU IN PERSON IN THE PRECONCEIVED AND UPCOMING CONTEMPT OF THE COURT PROCEEDINGS BEFORE HON’BLE SUPREME COURT IN THE PENDING SLP NO. 17306-07/2012 FOR ADMISSION FILED NOT BY DEPARTMENT BUT BY ARVIND TRIVEDI THROUGH FALSE AFFIDAVIT
WITH HIGH REGARDS. IN THE HOPE OF JUSTICE
Dated:-26-04-2012
Encl:-ANNEXURE A,B & C AS STATED
ABOVE AT PAGE NO.1(ONE)
(Rajeev Mohan)
Income Tax Officer (TDS-2), Kanpur
E-5, Income Tax Officers Colony
7/112, Swaroop Nagar, Kanpur-208012
Mo.07599101709, 09839945427
COPY TO:—
HON’BLE PRESIDENT OF INDIA & HON’BLE FINANCE MINISTER OF INDIA with the request to personally intervene & safeguard our rights particularly the right to life as is guaranteed in the Constitution of India.
(Rajeev Mohan)
Income Tax Officer (TDS-2), Kanpur
E-5, Income Tax Officers Colony
7/112, Swaroop Nagar, Kanpur-208012
Mo.07599101709, 09839945427
To,
The chairman CBDT,
New Delhi,
TROUGH PROPER CHANNEL
Ref:- Your illegal list for proposed promotion orders under F.no.A.32013/02/2012-AD-vi dt.27th April 2013.
Sir,
Sub:– Immediate halt publishing final Promotions order of income tax officers to the post of Assistant commissioners of income tax in CBDT, Deptt. of Revenue against the vacancies of 2012-13 on the basis of DPC conducted on dt. 20-04-2013 depending upon fraudulent gradation list of ITO’s based on five different formulas of seniority fixation in its feeder cadre—REGARDING—
1–Kindly refer to the above, in this connection I had already given representations to your kindself on dt. 25-02-2013 beside giving a letter u/s 7 of the RTI Act 2005 on even date wherein your kindself is required to supply me information’s within the stipulated time of 48 hours.
2– Beside above, a separate representation had also been given to hon’ble Prof. D.P.AGARWAL, chairman, CBDT, New Delhi alongwith all relevant enclosures under copies to hon. President of India & to hon. Finance minister of India and the copy of the same is being enclosed to you for your immediate ready reference.
3– In addition to the above, I must let you the fact that in the last hearing into the case SLP no. 17306-07/2012 (for admission), I personally mentioned the case to hon’ble Justice Sri Surinder Singh Nijjhar on the previous hearing on dt. 16-04-2013 into the case by showing your order for the conduct of DPC in connection to the above promotions and Mr. justice after seeing the same said that you come tomorrow because the court will not remain after 1 p.m on 16th April ,however on 17th april , my case was not heard owing to the continuous running of a case of fraudulent appointment to the SEBI chief Sri Sinha. The order of hon’ble Supreme court is being reproduced for your immediate ready reference:–
ITEM NO.19 COURT NO.11 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s). 17306-17307/2012
(From the judgement and order dated 13/04/2012 in WA No. 23672/2006,WA
No.56072/2010 of The HIGH COURT OF JUDICATURE AT ALLAHABAD)
ARVIND KUMAR TRIVEDI & ORS. Petitioner(s)
VERSUS
RAJEEV MOAHN & ORS. Respondent(s)
(With prayer for interim relief and office report )
(For final disposal)
Date: 16/04/2013 These Petitions were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURINDER SINGH NIJJAR
HON’BLE MR JUSTICE PINAKI CHANDRA GHOSE
For Petitioner(s)
Dr. J.N. Dubey, Sr.Adv.
Mr. K.B. Upadhyay, Adv.
Mr. Pushkar Anand, Adv.
Mr. S.R. Setia,Adv.
For Respondent(s)
Caveator-In-Person
Mr. R.P. Bhatt, Sr.Adv.
Ms. Purnima Bhatt, Adv.
Ms. Gargi Khanna, Adv.
Mrs Anil Katiyar,Adv.
UPON hearing counsel the Court made the following
O R D E R
List these matters on 17th April, 2013
(Sukhbir Paul Kaur) (Indu Bala Kapur)
Court Master Court Master
4–It is Therefore, urgently suggested to your highness to take the requisite prior permission of the hon’ble supreme court before announcing final results. Mam , I personally had fought my case at lower court wherein the department had filed a fraudulent affidavit before hon’ble Allahabad High court & on the basis of that hon. Allahabad high court had passed final orders in the year 2007 in the case of S.S.Ratore and taking the base of the same I started fighting the case no. 23672/2006 & 56072/2010 wherein also fraud while preparing gradation list in the year 2002 was detected , taking the gamut of the same , hon. Allhabad High Court had Quashed such illegal list and on getting the orders, the department simultaneously took two actions wherein by the resort of action no. 1 it started harassment of mine instead of persons responsible for making such illegal list by illegally transferring to me at Agra for which I personally met you for all these harassments with the lodgment of written complaint to which your highness had only forwarded it to the DGIT(HRD) again with no action but later hon’ble CAT, Allahabad had awarded me the STAY against such illegal transfers which was got done at the personal behest of Sri G.N.Pandey on the advice of his bhanja ITO Sri S.K.Mishra & no. 2 it proceeded with the change of fraudulent gradation list vide order under F.no. CCIT/CCA/KNP/Rajeev Mohan/Seniority of ITI/2012-13/1757 Dt. 09-07-2012 . Hon’ble Supreme court had awarded STATUS QUO order on dt. 17-07-2012 on the entire seniority but by that time my seniority position was placed above to Sri Arvind Trivedi ,so under no position/way Sri Arvind can ever be promoted before me in so far as promotion to the post of ACIT is concerned.
5– Mam, too much is too bad , I have personally noticed that insult to court orders has become a common phenomenon in income tax Department , you see ,the order in the case of N.R.Parmar with formula for preparation of seniority list is passed on dt.27-11-2012 and consequently department formed Task forces all over the country with no work done by it so far in so far as amended publication of seniority list is concerned. False to say that it is a lengthy work & the same takes time. Back here in Kanpur in the year 2002, the gradation list was changed in camera just in three days and that too from the year 1986,so taking into account the same ratios, 18 CCIT(CCA’s) of in income tax department can easily change entire gradation list in less than one month but since the intentions are bad and the interested persons in Board are adamant to make promotions from fraudulent gradation list which had already been quashed and these very people further want to make promotions without following the ratios as propounded by hon’ble Supreme court in the case of N.R.Parmar. It looks as if fraud doing had become a religion of the department. IT IS REALLY TOO MUCH NOW. Courts hardly punish BEUREOCRACY because of which fraudulent filing affidavits are rampant which I have seen in Allahabad High Court as well as in Hon’ble Supreme Court. COURTS HAVE BECOME A TOY FOR FRAUD DOERS. UNHESITATINGLY, DEPARTMENT RAMPANTLY COMMIT FRAUDS AND THEREAFTER TO SAFEGUARD SUCH FRAUD , THEY FIGHT INTO COURT OF LAW FIRST OF ALL BY TAKING COURTS OF LAW FOR GRANTED WHICH RESULTS IN THE INCREASE IN NUMBER OF CASES IN COURTS AND SECONDLY BY TAKING AJOURNMENTS AFTER ADJOURNMENTS IN ORDER TO SEE THAT THE GENUINE FIGHTER/SUFFERER SUFFERS UPTILL LAST WITOUT ANY AWARD OF DAMAGES OR PENALTY ON THE WRONG DOERS. BUT REST ASSURED , THIS TIME HISTORY WILL NOT REPEAT ITSELF . I , RAJEEV MOHAN S/O LATE MADAN MOHAN LAL SRIVASTAVA PLEDGES ON OATH THAT IN THE EVENT OF THE PUBLICATION OF ANY ILLEGAL ORDERS WITHOUT CONSIDERING ME I WILL DEFINITELY FILE CONTEMPT OF COURT AGAINST YOUR HONOR . LEGALLY AND TECHNICALLY YOUR HONOR CAN NOT PASS ANY PROMOTION ORDERS SO FAR AS RATIOS AS PROPOUNDED BY HON’LE SUPREME COURT N.R.PARMAR’s CASE IS NOT IMPLEMENTED IN ITS TOTALITY.
6— You are our guardian ,Mam, so, pl. try to encourage and implement justified things only so that you become embodiment for us to follow in future
Your’s faithfully,
Encl: enclosures as Mentioned in Para-2
alongwith all annexures
(Rajeev Mohan)
Income Tax Officer (TDS-2), Kanpur
E-5, Income Tax Officers Colony
7/112, Swaroop Nagar, Kanpur-208012
Mo.07599101709, 09839945427
Copy to,
1- Hon’ble President of India with the request to personally intervene & safeguard our rights particularly the right to life as is guaranteed in the Constitution of India.
2- Hon’ble Finance Minister of India with the request to personally intervene & safeguard our rights particularly the right to life as is guaranteed in the Constitution of India.
3- Revenue Secretary, Ministry of Finance with the request of personal intervention after reading the entire stuff.
4- Finance Secretary, Ministry of Finance with the request of personal intervention after reading the entire stuff.
5- Member (P) (By Name), Ministry of Finance with the request of personal intervention after reading the entire stuff.
(Rajeev Mohan)
ITO (TDS-2), Kanpur