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| Court discharges Taxation Assistant in corruption case | | | EARLY TIMES REPORT
JAMMU, December 10:- Special Judge Anticorruption Jammu AK Koul discharged Rajesh Koul then Taxation Assistant in the office of Commissioner Income Tax Jammu at the stage of framing charge and ordered that the case against two accused be transmitted to CJM Jammu which Designated Court for CBI case for further disposal under law.
According to the CBI, the accused, Rajinder Dutta Income Tax Advocate in conspiracy with other accused submitted fictitious fund claim in the name of Abdul Ahad Dar to the tune of Rs 45600 to Income Tax Office Jammu. The refund claim was supported with a “Tax Deduction Source” (TDS) Certificate purportedly issued by Executive Engineer Construction Division Pampore Kashmir. The refund claim was in respect of assessment for the year 2000-2001. Rajesh Koul was allegedly posted as Senior Taxation Assistant in the office of Income Tax Commissioner Jammu. He prepared a letter on March 20, 2002, on the next date when refund claim and TDS Certificate were received in the office and addressed it to Executive Engineer Irrigation Division Pampore to ascertain the genuineness of TDS certificate in response to that letter a communication dated March 29, 2002 signed by executive engineer was received in the office of Income Tax Jammu. The communication read that the TDS certificate annexed to refund claim was genuine but the same was found to be fail. On the basis of the communication refund of Rs 45600 was worked out in favour of the assessee Abdul Ahad Dar by Mr. Koul on the address care of 22-Bakshi Nagar Jammu which is proved to be residential address of Rajinder Dutt whereas the address of assessee was Bakshi Nagar Jammu. As per CBI, Rajesh Koul was particepes criminis with other accused, after completion of investigation challan was presented in the Court u/s 5(2) r/w section 5(1) (d) of J&K PC Act 2006 r/w sections 120-B, 420, 465, 468, 471 RPC.
The court after hearing the parties observed that position of law is no more res-integra that there must be at least a grave suspicion about the involvement of accused before he can be charged and also observed that every thing alleged against accused Rajesh Koul to be correct still no offence is made out against him. So the Court is of the view that there is no sufficient ground for putting him to Trial. There is rather nothing on record to show that said accused in any manner used any illegal means or otherwise abused his official position or received any pecuniary advantage in any manner for himself or any other person and so the basic requirement of section 5(1) (d) of P C Act is missing. Similar is the case so for as other offences against him are concerned, the evidence on record does not reveal commission of any offence by him. A natural consequence of which is that accused Rajesh Koul Sr. Taxation Assistant in the office Commissioner Income Tax Jammu deserves to be discharged and Court order accordingly. In so far as other accused are concerned, they all are private individuals and so they cannot be charged under the PC Act not is there any scope for going so. The charge under PC Act was only against Rajesh Koul and since he stands discharged so the case goes out of the domain of this Court. It is directed to be transmitted to CJM Jammu which Designated Court for CBI case for further disposal under law and directed accused to appear before CJM Court on December 20, 2010. JNF
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