Lala Harbhagwan Das/ Laksons vs. CIT (ITAT Delhi)

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DATE: (Date of pronouncement)
DATE: December 12, 2013 (Date of publication)
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Click here to download the judgement (lala_contempt_ITAT.pdf)


CIT-DR’s behaviour termed “totally irresponsible, contemptuous and malicious”. Costs imposed & action for contempt of court to be initiated

In a rare and unfortunate incident of conflict between the Departmental Representatives and the Bench, the ITAT has passed severe strictures against the CIT-DR. Apparently he was not present in the court room when the matters were called out for hearing. Adjournment applications were also not filed. When he did appear, he was not prepared to argue the matter. When the Bench rejected his application for time and decided to hear the matter he alleged “in a malicious and contemptuous manner” that the “Bench is hurrying the justice and burying the justice”. After the hearing, he barged into the Chamber of the Sr. Member without permission and threatened that the Bench has insulted him and that he is going to lodge a complaint against them. The Bench has stated that the unprovoked utterances from the CIT-DR has come as a shock to them and that it cannot be taken lightly. It stated that the CIT-DR is not aware of his responsibilities, court discipline, procedure and proper court mannerism. It has termed his accusation that the Bench was hurrying justice and burying the justice as being “totally irresponsible, contemptuous and malicious” and against the glaring facts and proceedings which happened in the open court. It has stated that the CIT-DR’s behaviour deserves to be visited with appropriate action to “inculcate sense of judicial discipline and awareness of responsibilities of duties and further to protect the dignity of the court, which stands offended by the contemptuous conduct” It has directed the CIT-DR to pay costs of Rs 1000 which should be deducted from his salary. The Registry has been directed to forward a copy of the order to the CCIT and the CBDT Chairman for appropriate action. It has also directed that separate and appropriate action for initiating contempt of court proceeding would be taken in due course.

See also CIT-DR vs. M/s. Simoni Gems (ITAT Mumbai) where a similar unfortunate incident had occoured
4 comments on “Lala Harbhagwan Das/ Laksons vs. CIT (ITAT Delhi)
  1. very sad, what CIT -DR THINKS? DOES HE THINK SUPERIOR TO COURT? HAD I BEEN CHAIRMAN CBDT CIT BEHAVIOR SHOWS NO OFFICER LIKE QUALITIES. HE CAN BE COMMITTED TO DOMESTIC INQUIRY IF HIS BEHAVIOR CAN BE CONDONED NEED TO BE SEEN, ELSE HE CAN BE DEPROMOTED TO INCULCATE DISCIPLINE IN HIM.. IF HE LACKS DISCIPLINE WILL HE NOT AFFECT MORALE OF OTHER STAFF AS ALSO ASESSESSS MEET HIM AS HE SUFFERS FROM SOME UNKNOWN SUPERIORITY. HE NEEDS TO BE SOME ARROGANT PERSON AND HIS CONTINUANCE MAY UPSET THE REVENUE DEPARTMENT AS HE MAY ALSO MISBEHAVE EVEN AT H C OR S C THAT CONTEMPT IS VERY HIGHLY COSTLY TO REVENUE!

    HE NEEDS TO BE MODIFIED TO HELP HIM RECOVER BACK THE SELF DISCIPLINE THAT IS VITAL AS HE IS A GLORIFIED PUBLIC SERVANT THAT HE SHOULD KNOW.

    THIS STATEMENT IS TO HELP HIM REMOLD HIMSELF IS THE INTENTION BY THIS NOTE PLEASE. NOT TO BELITTLE HIM AS SUCH!

  2. vswami says:

    Sharing few sincere thoughts >
    Not simply ‘very sad’, but extremely tragic that such instances have come to recur in such short intervals and quick succession, with no sincerity seemingly taken to bring about the requisite reformation. It is only hoped on hopes that in the interests of upholding the cult of due respect for the adjudicating authorities, the men in power and having the authority to pro-act , evince,- sooner than later, – the much wanting ‘will’ in setting the things back home ‘right’ in its profound sense. What is of the most concern is the blatant failure to realise that maintaining discipline and decorum in all such forums, – honestly expected to be looked upon, if not as ‘temples’, as places for rendering ‘justice’ to the disputing parties; but not work to degrade thereby damage their very respective interests.
    Recalling the words rich in soulful wisdom behind the reputable quote: <The profession of law, said Justice McCardie , has two aspects. It may be regarded as a pursuit which yields, if success be gained, a reward of fees and emoluments. But it may also be looked upon as a vocation which offers the joy of INTELLECTUAL * ACHIEVEMENT, which claims the allegiance of UNSWERVING HONOUR, which asks for the GUARDIANSHIP OF HIGH TRADITION , and which affords a wide field for LOYAL AND GENEROUS SERVICE TO THE COMMUNITY. (Font supplied)
    (Thus spake the towering legal legend, of OUR OWN times, Nani A Palkhivala, at the Govt. Law College, Bombay (1948)- source: WE THE PEOPLE)
    To specially mark and double underline the word, – ‘intellectual’ (not to be mistaken for/confused with, – ‘emotional’ or 'egoistic' )

  3. You have publish side of Hon’ble Tribunal.I am eager to know version of other side “yu hi koi bewafa nahi hota, jarur koi majburi rahi hogi”

  4. Anilkumar K. Asher - Advocate says:

    When a DR CAN BEHAVE IN SUCH SUCH RUDE MANNER ONE should find out HOW HE IS BEHAVING WITH CITIZENS. TO SET AN EXAMPLE AFTER INQUIRE STRICT PUNISHMENT BE GIVEN SUCH RUDE MANNER ONE CAN JUST IMAGINE HOW HE IS BEHAVING WITH CITIZENS. tO SET AN EXAMPLE AFTER INQUIRE STRICT PUNISHMENT BE GIVEN

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