Memo against officer for favouring Jaya upheld

Chennai, Nov 30 (UNI) The Central Administrative Tribunal's (CAT) Chennai Tribunal today upheld a charge memo issued by the Union Government to a Commissioner of Income Tax (DR), Income Tax Appellate Tribunal, Chennai, for conferring undue favour to former Tamil Nadu Chief Minister J Jayalalithaa.

The CAT bench comprising Vice-Chairman Justice P Shanmugham and Administrative Member R Ganesan dismissed the application by the official, T Goraknathan, seeking to quash the May 23, 2006 memo.

The Bench also directed the Union Government to complete disciplinary proceedings expeditiously.

Between June 23, 2001 and November 9, 2003, Mr Goraknathan was Commissioner of IT (Appeals-II) at Chennai. He was due to retire on May 31, 2006. On May 26, he was served a memo dated May 23 proposing an enquiry. It contained three charges which were thus; he had passed orders conferring undue favour to Ms Jayalalithaa, her close aide Sasikala and a firm where they were partners and two other companies.

The bench said ''we find sufficient and prima facie material in support of allegations of misconduct. We are not at this stage concerned with the truth or otherwise of the statement of imputation of misconduct. These statements are in the nature of allegations but based on definite material. If the same was substantiated before the enquiry officer and disciplinary authority, it would amount to misconduct for having failed to maintain absolute integrity and devotion to duty. ''The bench also observed that, there is sufficient material available in the form of statement of imputation of misconduct supported by documents showing the conduct reflecting on the reputation or integrity or devotion to duty and conferring undue benefits to several assesses''.

The Union Government had exercised great caution and scrutiny before initiating the proceedings. A perusal of the detailed chargesheet indicated that the investigation was conducted for over two years. The act of commission and omission on the part of the officer could not be considered as an error of judgement. He could not take shelter on being a quasi-judicial authority. ''We do not find any reason to interfere with the charge memo'', the bench added.

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