Why didn't Prez accept findings, asks Lokayukta
Lokayukta Manmohan Sarin has requested the Ministry of Home Affairs (MHA) to intimate him the reasons for non-acceptance of his recommendations together with comments in the case of Delhi minister Rajkumar Chauhan.delhi Updated: Jun 20, 2011 23:39 IST
Lokayukta Manmohan Sarin has requested the Ministry of Home Affairs (MHA) to intimate him the reasons for non-acceptance of his recommendations together with comments in the case of Delhi minister Rajkumar Chauhan.
The Lokayukta office had just received the intimation that the President had not accepted the findings/recommendation in Chauhan's case, but offered any reasons whatsoever. In order to be able to comply with the Section 12 (3) of the Delhi Lokayukta and Upalokayukta Act 1995, Sarin's office has requested for the reasons for non-acceptance.
Section 12 entails that the Lokayukta — based on the action taken on his report or reasons thereof for non-acceptance of his findings — either closes the case or makes a special report to be sent to the legislature.
On February 24, Sarin recommended removal of Chauhan from the post of Delhi's PWD minister for trying to protect a leading businessman in a tax evasion case after his report ascertained the minister's alleged involvement in influencing tax officials from conducting a raid at the businessman's resort.
Subhas Agrawal received the reply for his application under Right to Information (RTI) Act that the Lokayukta was not aware of the reasons and that his office has sent a letter dated June 1, 2011 (numbered 12118) addressed to T Narasimhan, under secretary to the government of India in MHA.
In his report, the Lokayukta had pointed out that the minister, upon request by the businessman, had called the Income Tax officials and asked to stop the raid at the latter's resort. Chauhan agreed he made the call but said, it was done during rush hour when hundreds of people come with requests to him. The actual timing established the call was made at 8.30pm.
The report also pointed out the use of 'Jyadati na ho' request (literally, there should be no harassment) by the minister to the tax official was a mere excuse as there were no complaints about the way the raid was conducted. However, the clincher was, the report said, the letter written by the tax official to the finance minister, which said, "I respectfully told the minister that I can not recall my team from active survey." It clearly established that the minister's request for not for stopping harassment but for "recalling" the tax team.
When contacted, the Lokayukta's office confirmed that a letter to the MHA has been sent but there has been no reply as of yet.