In my case Justice Paramjit Singh
Dhaliwal of Chandigarh HC has issued notice to the Union of India, CBI, Financial
Intelligence Unit - India, Directorate General of Income-Tax (Investigation),
The Central Vigilance Commission, The Central Bureau of Investigation, State of
Haryana, Ministry of Excise and Taxation Haryana, seeking investigation into
the offences of Money Laundering, hawala transactions, corruption and
tax-evasion amounting to more than Rs. 10,000/- Crores.
The HC also directed the Haryana Govt. to provide adequate security to the
Petitioners and also directed the Vigilance Director to seal the record of the
Excise & Taxation Department, Haryana and strictly directed to not to
tamper or dispose of any record of Haryana Taxation Department.
The case has been fixed for filing
reply on 11.05.2016.
“K P Singh, chairman of DLF: The founder of Delhi-based DLF, India’s
largest real estate developer, K P Singh, reportedly acquired a company
registered in the British Virgin Islands in 2010, along with his wife. “At
least two more companies were set up in 2012 by son Rajiv Singh and daughter
Pia Singh. The family’s three offshore entities together hold almost $10
million,” The Indian Express report said. DLF, which made much of its money in
the late 1980s by developing Gurgaon, a satellite town near Delhi, was in 2012 accused
of helping fund a purchase by Robert Vadra, the son-in-law of Congress
party chief Sonia Gandhi.
Sameer
Gehlaut, chairman, Indiabulls: The owner of real estate firm Indiabulls bought
three properties in London through family firms registered in Karnal, Delhi,
Bahamas, Jersey and the UK. These properties are being developed into
residential and hospitality projects. The transactions involved a complex
network of companies all leading to the SG Family Trust owned by Sumita Singh,
a former MLA and the Haryana Mahila Congress head, and her husband Jagdeep
Singh Virk. These two are the parents of Divya Gehlaut, Sameer’s wife.”
The SIT
constituted by Haryna Lokayukta too had found that the DLF, BPTP, Omex Ltd,
BPTP, Unitech and other prominent builder and developers in nexus with the
officers of Excise & Taxation Department, Haryana, had committed the
offences of corruption and money laundering and therefore the SIT had
recommended CBI Investigation, as it lacked resources to conduct investigation
into the serious offences of the institutionalized form of corruption, money
laundering, tax-evasion, forged entries in the banks, and hawala transactions of more than One Lakh Crores
having inter-state ramifications. However, so far, Haryana Govt. has not taken any
action on the SIT Report. Rather, interestingly, in file notings the Finance
Ministers of both Congress & BJP can be seen shielding the officers
responsible for causing disappearance of the record relating to the scam of
more than Rs. 10,000 Crores. The complete chain of file notings recorded under
the seal of present Finance Minister, Captain Abhimanyu and Chief Minister
Manohar Lal Khattar as in the below red-font are:
HARYANA GOVT.
From:
Private Secretary/Excise and Taxation Minister,
Note Sr. No.962-A, Dated: - 03.12.2013
Subject: Complaint against Kamala Chaudhary, Deputy Excise &
Taxation Commissioner, Shiv Kumar, District Excise Inspector and Smt. Satwant
Kaur, Clerk.
While
forwarding the copy of complaint received from Sh. Raghbir Singh, resident of
Adarsh Nagar, Kaithal, the private secretary to the Excise & Taxation
Minister has informed that Smt. Kiran Chaudhary, Excise & Taxation Minister
desires that the matter should be enquired in depth by some senior officer and
strict disciplinary action should be taken against the erring officials and the
report should be submitted to the Excise & Taxation Minister..............
The
reply was sought from Smt. Kamala Chaudhary, Deputy Excise & Taxation
Commissioner, Hisar. In reply it was submitted that she had already replied
vide letter dated 197 dated 15.05.2013, the copy of the same was also
forwarded. After examination of the matter, before taking disciplinary action
against Smt. Kamala Chaudhary the Govt. vide letter dated 18.11.2013 requested
the Dy. Excise & Taxation Commissioner, Kaithal, to offer his comments on
the aforesaid letter no. 197 of Smt. Kamala Chaudhary, which is still
pending/desired.----A
If
agreed, the aforesaid position may be apprised in compliance to the orders of
the Honourable Excise & Taxation Minister.
Therefore,
the matter is put-up for further orders of Secretary, Excise & Taxation,
Principal Secretary, Excise & Taxation and Excise & Taxation Minister.
Sign
Assistant
18.12.2013
.............................................................
.........................................................................................................................
Brief facts are as under:
1.
Vide order dated 29.06.2012 the Chief
Information Commissioner, Haryana, observed to fix the responsibility of the
officer for not providing the record pertaining to the information sought the
appellant and take action against the defaulting officers under the rules
within 4 weeks of the order; under intimation to the Commission.
2.
Deputy Excise & Taxation
Commissioner (ST) Kaithal, vide memo no. 1500/SPIO, dated 29.08.2012 informed
that Smt. Kamla Chaudhary, the then Dy. Excise & Taxation Commissioner, Sh.
Shiv Kumar, TI and Smt. Satwant Kaur, Camp Clerk at that time were responsible
for non-availability of the record sought by the applicant Raghbir Singh in his
application dated 13/04/2011.
3.
Sh. Shiv Kumar, TI O/o Dy. Excise was
charge-sheeted vide letter dated 17.01.2013 & Smt. Satwant Kaur, Clerk was
charge-sheeted under rule 8, vide ETC Memo No.771, dated 25.01.2013.
4.
Smt. Kamala Chaudhary, the then Dy.
Excise & Taxation Commissioner was called for explanation and the
explanation was submitted by the offer vide letter dated 15.05.2013.
5.
The Para-wise comments on the reply
dated 15.05.2013 of Smt. Kamala Chaudhary, were sought from the Dy. Excise
& Taxation Commissioner, Kaithal vide office memo dated 17.07.2013 and vide
D.O. No.2963/ETC dated 06.05.2014.
6.
Para-wise comments on the reply dated
15.05.2013 were received from the Dy. Excise & Taxation Commissioner (ST),
Kaithal vide letter dated 26.06.2014.
While
keeping in view the comments of Dy. Excise & Taxation Commissioner (ST),
Kaithal, the Excise & Taxation Commissioner, has proposed disciplinary
action against the officer for not submitting the record to the succeeding
officer.
If the aforesaid
explained proposition is agreed, while keeping in view the recommendation of
the Excise & Taxation Commissioner and comments of the Dy. Excise &
Taxation Commissioner, may be charge-sheeted under the Rule-7 of the Haryana
Civil Service Rules, 1987. This officer is class-I officer. Therefore, the
final decision taking competent authority is Honourable Chief Minister. A
Accordingly, the
matter is placed before the Add. Chief Secretary/Excise and the Excise &
Taxation Minister.
DSET
The proposed action
‘A’ at page no. 28-29 is
submitted for orders.
Sign
26.08.2014
Secretary E.T.
The Chief
Information Commissioner vide order dated 29.06.2012 had ordered action against
the officers who failed to supply information to the applicant Raghbir Singh.
While action has already been taken against the other officials, disciplinary
action is yet to be taken against the then DETC, Kaithal, Smt. Kamal Chaudhary.
ETC Office has
recommended action against her for not handing over the records to her
successor. Instead of C/s under Rule 7 as is being proposed , we may initiate
proceedings against Smt. Kamala Chaudhary under Rule – 8 (Minor Penalty)‘A’
For approval please.
Sign
(HARDEEP
KUMAR) IAS
A.C.S. E
& T
15.09.2014
The following
un-cleared/un-disposed files of the Excise & Taxation Department are
received back from Honourable Excise & Taxation Minister from Bhiwani,
which are sent herewith and she has desired the said files may be put after
formation of new Govt.
...................................................................................................................’
ACSET, 165/15.09.2014 – Appeal case no. 3083/2011
of Sh. Raghbir Singh Vs. DETC, Kaithal.
Sign
Secy./PHM
20.10.2014
Subject: RTI, Disciplinary action against Smt.
Kamala Chaudhary, DETC.
On previous page no. 31N
the then Secretary/Excise and Taxation Minister while returning the files to
the Department had informed that the then Excise & Taxation Minister had
desired that these files may be put-up on formation of new government.
Now, new Govt. has been formed. It will be appropriate
that the matter explained on page no. 26-30; may be put-up before the Chief
Minister for necessary orders.
Accordingly, the matter is submitted to the Add. Chief
Secretary/Excise & Taxation Minister/Chief Minister for orders.
31.10.2014
S.I.T.
DSET
Gyan Singh
10.11.2014
Secretary/ET
The notings from Page 26/N
onwards may be perused.
As noted above, action against Smt. Kamla Chaudhary, the
then DETC, Kaithal, is yet to be initiated.
The case was put-up earlier but was returned to the
office by the then Excise & Taxation Minister due to the change in Govt.
The matter is now put-up
again for initiating action against the erring official who failed to provide
the relevant record and exhibited non-cooperative attitude.
SUDHIR RAJPAL (IAS)
SECRETARY, EXCISE & TAXATION DEPARTMENT
21.11.2014
Add. Chief Secretary, ET
‘A’ on
page 30 may be approved.
ROSHAN LAL
ADDITONAL CHIEF SECRETARY,
EXCISE & TAXATION DEPARTMENT, HARYANA
21.11.2014
Please re-examine and
put-up.
Sign with Seal
CAPTAIN ABHIMANYU
EXCISE &
TAXATION MINISTER
06.12.2014
Kindly consider the office note. For not providing information, the
Information Commissioner vide order dated 29.06.2012 had directed to take
action against the erring officer/official by 21.08.2012 and accordingly inform
the Information Commission and Applicant.
Huge delay has been
caused in fixing the accountability and the timeline stipulated by the
Information Commission is already over.
The Excise &
Taxation Commissioner had charged Sh. Shivkumar, Inspector Taxation under Rule
– 8. But charges were not proved against him, therefore he was acquitted of
charges. But the Commissioner vide order dated 21.01.2014 issued warning to the
then DETC (ST), Kaithal.
A
|
In this matter, Smt. Kamala Chaudhary, the then DETC, Kaithal, is also
accused of not providing the requisite official record. But this officer has
retired on 30.11.2014. Therefore, as no financial loss has been caused to the
Department; no useful purpose would be served by taking action against Smt.
Kamala Chaudhary, the then DETC, Kaithal (Retd.). Therefore, it would be
appropriate to drop the matter.
Therefore, the matter is put-up before the Excise & Taxation
Minister and Honorable Chief Minister for orders/approval.
(KIRAN
SWAMI) DEPUTY SECRETARY
04.02.2015
Secretary
Excise & Taxation
In
view of the retirement of Smt. Kamala Chaudhary on 30.11.2014, the proposed
action at ‘A’ above may kindly be approved.
For
approval please
Signature
ADITIONAL
CHIEF-SECRETARY, ROSHAN LAL
02.03.2015
Approved
Sing with Seal
CAPTAIN ABHIMANYU, EXCISE
&TAXATION MINISTER
Chief Minister has
approved
SIGNATURE
SANJEEV
KAUSHAL
PRIVATE
SECRETARY TO CHIEF MINISTER
20.06.2015
Approved
Sign with Seal
CAPTAIN ABHIMANYU, EXCISE
&TAXATION MINISTER
26.06.2015
Petition
also apprises the court that the Gujrat Govt. has already registered an FIR
against the businessmen of Haryana and Gujrat for committing the offences of
tax-evasion by creating bogus transport companies, invoices etc.
The highlights of the writ
petition seeking investigation by CBI & Directorate of Enforcement are as
follows:
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.W.P.
No. 6856 of
2016
IN THE MATTER OF:
Raghbir
Singh and Shive Sawhani ..…..Petitioners
//VERSUS//
Union
of India anothers …….Respondents
SYNOPSIS
AND LIST OF DATES & EVENTS
That the Petitioners are filing the present writ
petition in order to get investigated the serious offences of the
institutionalized form of corruption, money laundering, tax-evasion, forged entries in
the banks, and hawala transactions of more than One Lakh Crores
having inter-state ramifications, clearly made out from the
report/recommendations of the Special Investigation Team (S.I.T.) of the Lokayukta,
Haryana.
Time has come
when the problem of corruption needs to be analyzed in the context of its
potential implications for Fundamental Rights and Human Rights. Corruption not
only poses a significant danger to the quality of governance, but also
threatens in an accelerated manner the very foundation of India's democracy,
rule of law and statehood. The forthcoming facts and circumstances unfold the institutionalized form of
corruption and money laundering to the tune of more than One Lakh Crore
Rupees.: -
Whereas, the Petitioner being
statutorily bound to give information of offences in terms of the Section – 39
Cr.P.C. coupled with the Fundamental Duties envisaged in the Article 51A and
Fundamental Rights envisaged in the Constitution of India through
series of representations
to the Respondents had provided written information about
the rampant revenue theft
by means of corruption, money laundering, tax-evasion, hawala
transactions; happening with the active aid of the officials of Excise and
Taxation Department Haryana.
While acting
on the several complaints of rampant corruption in the Excise & Taxation
Department, the Honourable Lokayukta, Haryana, registered a Case No. 867 of
2011 and the investigation of the case was assigned to Mrs Kamla Chaudhary,
DETC (X) Hisar, but she failed to conduct any investigation, as per her
deposition before the SIT Lokayukta ‘she was asked not to proceed
further in enquiry by Sh. Anil Malik, IAS, Excise and Taxation Commissioner’.
Thereafter, the enquiry was entrusted to Smt. Tripta Sharma, (R) Hisar, she too
failed to conduct any investigation and as per her letter to Hon’ble Lokayukta
‘Sh. Anil Rao, the then DETC, Kaithal, did not cooperate in the enquiry.’ Therefore,
on the failure of the two officers of the Excise & Taxation Department,
Haryana, to investigate the matter lead to the formation of SIT headed by Shri
Srikant Jadhav (IPS) I.G., by Lokayukta, to conduct independent and impartial
enquiry/ investigation into the allegations of corruption and financial scam in
the entire State of Haryana; in connivance with the officers/officials of the
Excise & Taxation Department of Haryana.
However,
interestingly, just after the formation of the SIT by Lokayukta, Sh.
Roshanlal, IAS, the present Additional Chief Secretary, Excise & Taxation
Department, Govt. of Haryan, requested Honourable Lokayukta to restrict the
scope of this enquiry to Kaithal district only. However, Lokayukta, Haryana,
agreed with the comments of Shri Srikant Jadhav (IPS) I.G. The brief glance at
the comments of the head of the SIT is self-explanatory to explain the murky
state of affairs in the Excise & Taxation Department, which reads: -
“....in the name of
jurisdiction/scope of this enquiry Ld. Additional Chief Secretary, Excise &
Taxation, Haryana tried to sabotage the present enquiry. If your good-self
accepts the request of the Additional Chief Secretary, Excise and Taxation
Department, Govt. of Haryana the tax evaders in state of Haryana will have full
freedom to move as they want. Instead of taking strict measures to curb tax
evasion in Haryana particularly against the builders/developers, the Ld. ACS
wants to derail the present enquiry/investigation. If we go by his logic no
audit and enquiry/ investigation in the state of Haryana is possible. It is
observed that there is general reluctance in the department to furnish
information as the investigation conducted so far points to organised
corruption on a large scale in which officers from top to bottom are likely to
be involved.....A powerful lobby, which includes bureaucrats and officers of
Excise and Taxation Department, Rice Industry, Builders & Developers swung
into action to derail the SIT Probe by adopting all possible measures”
The investigation by SIT conducted only in respect of
10 districts of Haryana brought to surface a staggering figure of revenue loss
to the tune of about Rs.10,618 crores (Rs.Ten thousand six hundred eighteen
crores) which in fact necessitates action not only against the
dealers/businessmen but also against the Officers and officials responsible for
criminal misconduct under the Prevention of Corruption Act. The SIT
Report consisting 345 pages was submitted on 14.01.2015. Very brief extracts of
the SIT Report is self-explanatory to understand the dangerous situation, which
reads:
“The real estate builders /developers in
Gurgaon, Faridabad, Sonipat and Panipat in connivance with E.T.O.s, D.E.TC.s
and joint E.T.C. level officers have occasioned losses running into crores to
state Exchequer.”
“Sh. Harinder Pal Singh (P.S.
to Excise & Taxation Minister) has been gagged and properly greased by the
evaders of Haryana Tax so that Hon’ble ETM may not issue any direction for
enforcing action against the guilty dealers and transporters..... Sh. Harinder
Pal Singh was apparently in league with the corrupt officers and officials as
also evaders of Haryana Tax who continued to enjoy his uninterrupted patronage
during the tenure of Smt. Kiran Choudhary, the then Hon’ble ETM. Such
like persons..deserved to be proceeded against under the provisions of
Prevention of corruption Act, 1987.”
“There was rumbling,
resentment and non-cooperation particularly on the part of the Roshan Lal, IAS,
Additional Chief Secretary, Excise and Taxation Department.... In spite of
that, the SIT through sheer hard work and perseverance unearthed a tax evasion
scam to the tune of Rs. 10, 618 crores (THEN THOUSAND SIX HUNDRED EIGHTEEN
CRORES)...”
“It was noticed by the SIT
during enquiry that officers of Excise & Taxation Department, Haryana, at
all levels in connivance with the traders and builders/developers caused huge
loss to the state. The system of Tax Evasion/Refund by corrupt means is a well
established and unofficially approved system which is mutually beneficial to
the excise and taxation officers and traders and builders and hence nobody
wants to disturb this convenient system....”
“In view of the above, there
is an immediate need by way of deterrence to book the guilty dealers as also
the officers under the provisions of Indian Penal Code and Prevention of
Corruption Act, apart from remedial action under section 34 of the HVAT Act
which will sub-serve the interest of state revenue.”
“A number of other cases of
builder/developer could not be examined due to non co-operation on part of the
District Excise and Taxation Commissioners of Gurgaon and Faridabad, which
confirms the allegations of the complainant that these builder/developers have
not paid the Sales Tax/VAT as applicable on sales of flats/shops to prospective
buyers. An estimated loss of about Rs. 10,000 Crores is involved in the
files....
“The SIT also feels that
since the tax evasion scandal involves big names and affirms and can not be
going on without active support of Excise & Taxation Officers at all levels
as it also involves jurisdictional issues as it demands enquiry in Delhi,
Rajasthan, Punjab and other states, it would be appropriate if this matter is
investigated by an agency like CBI”
Whereas, subsequent to the submission of SIT Report,
the Petitioners, through series of Petitions/representations before the
competent authorities including to the Respondents, are toiling hard to fix the
criminal liability of the erring Public Servants and private
individual/entities; under the Prevention of Corruption Act, Indian Penal Code
and under the new regime of Prevention of Money Laundering Act. But all in
vain.
The
table drawn at Para No. of Page
No. would clearly indicate that the
accused of the present scam are well connected with the senior Politicians and
Bureaucrats. Therefore, the fair and independent probe in not possible by any
Investigation Agency of the State of Haryana.
The situation is further aggravated to dangerous level
by the fact that the vested interests while creeping into the system of the
State of Haryana; has started destroying/causing disappearance of the relevant
record related to the scam and even has started targeting and pressurizing the
Petitioners, for which multiple F.I.Rs, for disappearance of the official
record and intimidation etc. have been registered in Haryana and other states.
Further, the Officers/Members of the SIT are being victimized by transferring
them to the far-flung areas; in breach of the transfer policy of the Haryana
Govt.
Despite the directions of
the Constitution bench of the Hon’ble Supreme Court in Writ
Petition (Criminal) No. 68 OF 2008 titled Lalita Kumari v. Govt. of U.P., regarding the mandatory and immediate registration
of FIR, on receipt of information about cognizable offence, have even failed to
set the criminal law into motion by registering F.I.R., what to talk about investigation into the scam having
inter-state ramifications. It appears that the inaction and laxity on the
part of the Respondents, especially on the part of the State of Haryana, is
actuated by extraneous considerations.
So far, no accountability has been fixed
for the scam causing revenue running into Lakhs and Lakhs Crores; actuated by
the Corporate-Politician-Bureaucrat nexus. Therefore, the fair and impartial
investigation into the huge scam having inter-state ramifications is not
possible by the Investigating Agency of the State of Haryana; for the reason
that all the accused officials and the Builders/Developers/Rice Mills found at
fault in the SIT Report are well connected with the powerful lobby of senior
bureaucrats and politicians. As per the best information of the Petitioners the
bureaucrat-politicians-business lobby nexus is reflected as follows:
NAME & DESIGNATION OF THE OFFICERS
INDICTED IN THE SIT REPORT
|
RELATION
|
NAME/DESIGNATION OF INFLUENTIAL PERSON
|
Ashok Sukhija E.T.O.
|
Brother
|
S.P. Sukhija,
Personal Secretary to Excise &
Taxation Commissioner, Haryana
|
Hanish Gupta, E.T.O.
|
Son-in-Law
|
Sh. L.R. Garag,
Retd. Additional Excise& Taxation
Commissioner.
|
Sneh Lata, Dy. Excise & Taxation
Commissioner
|
Maternal Daughter
/Bhanji
|
Rao Abhay Singh,
Present M.L.A.
(Nangal Chaudhary)
|
Rubal Ravesh
Excise&Taxation Officer
|
Daughter
|
Balbir Singh, I.P.S.
I.G. (Retd.)
|
Kamal Nain, E.T.O.
|
Son-in-Law
|
A Retired Registrar,
Cooperative Society
(Name not known)
|
Vijay Yadav
(Dy. Excise & Taxation Commissioner)
|
Close Relative
|
Rao Daan Singh
(Former MLA)
|
Harinderpal Singh
(Accounts Officer)
|
Personal Secretary
|
Kiran Chaudhary
(Former Excise & Taxation Minister)
|
Shefaali Verma ( E.T.O.)
|
Daugther
|
P.D. Verma,
(Former Secretary, Haryana Staff Selection
Commission)
|
Rashmi Chaudhary, E.T.O.
|
Daughter
|
Shri Ram Charan,
(D.E.T.C. Retired)
|
Arun Gaud (E.T.O.)
|
Close Relative
|
IAS Officer of Haryana Cadre. (Name not known)
|
Vikash Parashar (E.T.O.)
|
Son
|
Shri Rajive Sharma
(Election Commissioner, Haryana)
|
Rahul Kumar, E.T.O.
|
Brother
|
Sh. Mukul Kumar
O.S.D. to Shri Manohar Lal Khattar, Chief
Minister, Haryana
|
Thus, the Public Servants indicted in the SIT Report, prima-facie accused of commission and abetting of the offences of corruption, money laundering, hawala-transactions, are well connected with the influential bureaucratic-politician nexus and in such circumstances the independent and impartial probe into the huge corruption of more than 10,000 crores only related to Haryana, and scam to the tune of more than One Lakh Crores connected in different states.
Therefore,
the Petitioners left with no efficacious and alternative remedy;
are constraint to invoke the jurisdiction of this Honourable Court under
Article 226/227 of the Constitution of India, for investigation by the Investigation
Agency of the Central Government, competent and efficient to handle the huge
scam having inter-state ramifications.
The petition, if allowed,
would benefit the citizens of this country at large by collections of huge
revenue, enforcing the accountability of the holders of high offices,
underlining the importance of Fundamental Rights of citizens.
Corruption and money laundering are intrinsically linked. Corruption
offences, such as bribery or theft of public funds, are generally committed for
the purpose of obtaining private gain. Money laundering is the process of
concealing illicit gains that were generated from criminal activity. By
successfully laundering the proceeds of a corruption offence, the illicit gains
may be enjoyed without fear of being confiscated. A proper culture of
compliance with standards of anti-money laundering creates an environment in
which it is more difficult for corruption to thrive undetected and unpunished.
Since
last more than 8 years the Petitioners have been toiling hard to expose the
huge scam and get punished the corrupt persons eating into the system and
enriching at the cost of common man, but all in vain. Hence, the Petitioners
left with no efficacious alternative remedy; are constraint to
invoke the jurisdiction of this Honourable Court under Article 226/227 of the
Constitution of India.
CHANDIGARH (PARDEEP KUMAR RAPRIA)
ADVOCATE
DATED: 21.03.2016 COUNSEL
FOR PETITIONERS
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