SC permits shifting of Bihar I-T director on EC orders-Oct 22, 2010,

SC permits shifting of Bihar I-T director on EC orders

Dhananjay Mahapatra, TNN, Oct 22, 2010, 02.20am IST

NEW DELHI: The Supreme Court has allowed the Centre to temporarily shift out director of Income Tax (investigations) in Patna, Ujjawal Kumar Chaudhary, who was at the helm of search and seizures in the cases against former Jharkhand chief minister Madhu Koda.

A Bench comprising Justices Dalveer Bhandari and Deepak Verma greenlighted the Centre's plea to allow Chaudhary to be shifted out of the state till the Bihar Assembly elections were over, as per the wishes of the Election Commission, which had so ordered finding that he was a close relative of JD(U) state president Vijay Kumar Chaudhary.

When Chaudhary was investigating the alleged financial irregularities committed by Koda and his aides, the Centre had ordered his transfer to the post of commissioner of I-T (Central), Patna.

However, a PIL filed by one Durga Oraon before the Ranchi High Court alleged that the Centre's move was aimed at prejudicing the investigations against the former CM. On February 18, the HC stayed the transfer.

When this order was in operation, the EC on September 25 directed the Director General of Income Tax (Investigations) to shift Chaudhary temporarily till the completion of the Bihar Assembly polls as his relative was the president of JD(U), which is in the ruling coalition and is contesting elections.

The Bench accepted the Centre's plea for temporary shifting of Chaudhary and stayed the HC order after attorney general G E Vahanvati said, "The appraisal reports in the search and seizures conducted in the cases against the former chief minister and his associates were prepared and submitted to the relevant authorities."

Agreeing with the EC, the Centre's petition said continuance of Chaudhary as director of I-T (investigations), Patna was greatly prejudicial to the conduct of free and fair elections to the Bihar Assembly.

"The director (investigations) is one of the main persons responsible for maintaining surveillance on ostentatious expenditure including movement of undisclosed cash and other goods. As such, the continuance of U K Chaudhary as director (investigations), Patna, during the Bihar elections when his relative is contesting the elections amounts to a direct conflict of interest," it said.

dhananjay.mahapatra@timesgroup.com