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CBDT told to decide on Income Tax officer
January, 28th 2015

A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar of the Hyderabad High Court on Thursday directed the Central Board of Direct Taxes (CBDT) to take an independent decision in a complaint against Uppuleti Devi Prasad, Income Tax commissioner (appeals) for his alleged involvement in political activities and for canvassing for his wife Kalpana, a YSRC MLA, in the last general elections.

The bench was disposing a petition by TD leader Varla Ramaiah who lost the election to Uppuleti Kalpana, from Pamarru Assembly segment in Krishna district alleging that Prasad had misused his official capacity as commissioner of Income Tax and participated in the electioneering to influence voters to ensure victory for his wife in the election.

He said despite several complaints no action was initiated against the official.Counsel for I-T department submitted that the complaint was referred to the CBDT as the chief commissioner of the AP has no power to take action Devi Prasad. The CBDT has sought an explanation and got one submitted by him.

The bench told the CBDT to take an independent decision in the case and pass appropriate order in accordance with law after examining the report.

Cops told to file info on arrest:

A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar of the Hyderabad High Court on Thursday directed the Telangana state police to file an affidavit on a habeas corpus petition moved by P. Varavara Rao, senior member of Revolutionary Writers Association, seeking directions to the police to produce the detainee Dubashi Bharathi before the court.

He alleged that the SIB police have picked up Bharathi, wife of Maoist leader Dubashi Shankar from her house in the city on January 20 evening to get information on the whereabouts of her husband. He contended that her arrest was illegal as the police has not even disclosed the grounds for her arrest and they have not produced her before the court as per SC guidelines. The bench told the police to submit a report and posted the case to Tuesday.

IAS conferring process upheld:

A division bench comprising Justice K.C. Bhanu and Justice Anis on Thursday granted interim suspension of an order passed by the Hyderabad Bench of the Central Administ-rative Tribunal (CAT) quashing the selection process to confer IAS to eligible state level officers for the year 2013.

The tribunal on October 1, 2014 granted an order quashing the selection of the state government to confer IAS to eligible state level officers for the year 2013 and directed the government to take up the process afresh in accordance with law.

The tribunal also directed the state government to pay Rs 25,000 to each of the aggrieved candidates whose candidatures were illegally ignored by it. Satyanarayana, C. Sreedhar, Md. Imtiyaz, S. Arvinder Singh, P. Koteswara Rao and M. Prashanti were conferred the IAS cadre and the Telangana state government challenged the tribunal order contending that the tribunal has erred in appreciating the process adopted by the government as per the service rules and norms laid down by the UPSC.

While granting interim orders on the petitions of the conferred IAS officers and the state government, the bench posted the main petitions for final hearing.

HC suspends GO by TS on Bhoodan:

Justice Challa Kodanda Ram of the Hyderabad High Court on Thursday suspended a GO issued by the Telangana State government abolishing the AP Bhoodan Yagna Board.

The judge was dealing with a petition by G. Rajender Reddy, chairman of the Board seeking to quash the GO issued on July 5, 2014, abolishing the Board. Submitting that that the authorities have taken way all the records from the Board, he contended that there should be a scientific division of the board for both the states and there was no justification for the alleged highhanded action of physically taking away the files and almirahs of the Board.

K. Ramakrishna Reddy, advocate general of Telangana state argued that the state government has authority to exercise powers with regard to the Board in Telangana with effect from June 2, 2014 onwards. He said that as per Section 9 of the Bhoodan Board Act, the government has abolished the Board and decided to constitute the new Board.

The judge pointed out that as per Section 9 of the Act, the government can supersede the Board when there were complaints of malfunctioning or on the ground of none functioning.

The judge asked the advocate-general whether the government had received any of such complaints against the Board. When the AG replied in the negative, Justice Kodanda Ram observed that the government could not have invoked the section to supersede the board. He felt that the issue needs deeper examination as the interpretation of the powers of each state government after the bifurcation of state vis-a-vis the Bhoodan Board Act are to be adjudicated.

Amended rule for cops upheld:

A division bench comprising Justice K.C. Bhanu and Justice Ms Anis on Thursday upheld amended Rule 7 of AP Police [Civil] Subordinate Service rules, 1991.

The government has amended Rule 7 prescribing 3 years of service in the cadre of police constables [civil] for promotion to the post of head constables with respect to police constables [civil] appointed by conversion from armed reserve, special armed reserve and AP special police and also prescribing the minimum service to 4 years instead of 6 years for SI (Civil) who were appointed by transfer from reserve SI for promotion to the post of inspector of police (civil).

The tribunal had set aside amendment on January 3, 2014. Aggrieved by the order, many constables and reserve SI moved the HC as they are losing the promotion opportunities in view of the tribunal order.

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