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2018 (5) TMI 1952 - SCH - Indian LawsNegligence and incorrect assessments without proper appreciation of evidence - appellant is a retired Commissioner of Income Tax, who was charge-sheeted by the Under Secretary, Central Board of Direct Taxes on 13.09.2002 - HELD THAT - The appellant has since retired in the year 2014. We notice that, on facts, there is a massive unexplained delay of 9 years between the date of the Enquiry Report and the date of the show cause notice. It is obvious that the Disciplinary Authority, if it is going to upset the Enquiry Report, must do so within a reasonable period of time, which reasonable period has long since elapsed. Appeal allowed.
Issues: Retired Commissioner of Income Tax charged with negligence and incorrect assessments, Exoneration by Enquiry Report, Delay in issuing show cause notice, Validity of show cause notice, Unexplained delay in disciplinary proceedings.
In this case, the appellant, a retired Commissioner of Income Tax, was charge-sheeted by the Under Secretary, Central Board of Direct Taxes with four charges, including negligence and incorrect assessments without proper appreciation of evidence. An Enquiry Report dated 19.03.2004 exonerated the appellant of all charges. However, the Disciplinary Authority took significant time and issued a show cause notice dated 12.07.2013 after consulting the Union Public Service Commission in 2013. The Central Administrative Tribunal set aside the show cause notice in a judgment dated 22.05.2015. Subsequently, a writ petition was filed against the Tribunal's judgment, resulting in the Disciplinary Authority being directed to proceed with the proceedings. The Supreme Court noted a massive unexplained delay of 9 years between the Enquiry Report and the show cause notice. The Court emphasized that the Disciplinary Authority must act within a reasonable period to upset the Enquiry Report, which had elapsed in this case. Therefore, solely based on the unreasonable delay in the disciplinary proceedings, the Court allowed the appeal and set aside the High Court's judgment.
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