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TMI Blog2022 (5) TMI 374X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. That being the position, the initiation of the proceedings against the petitioner is without due sanction, against the prescribed rules and would therefore be deemed as non est. The impugned order has noted that the Minister of State for Finance (MoSF) is not subordinate to the Union Minister of Finance. From Office Orders make it clear that where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e (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 Charge Memo against him by the Ministry of Finance, Government of India ( GOI ). 2. The learned Senior Advocate for the petitioner submits that the order is erroneous in facts and in law because a fundamental error has been committed, in the issuance of the purported Charge Memo to the petitioner on 26.06.2018, apropos his duties as Deputy Commissioner of Income Tax, Central Circle 3, New Delhi. 3. The Charge Memo refers to his designation as a Deputy Commissioner, a position he occupied roughly 15 years ago, whereas o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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. ... 6. This Office Order was amended in the 04.07.2019, which reads, inter alia, as under:- ...2(ii) All matters where the President of India is the Appointing and Disciplinary Authority shall be submitted to the Finance Minister through the Minister of State. .... 7. What is evident from the two aforequoted Office Orders make it clear that where the Appointing and Disciplinary Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X
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