Income Tax Dept Must Furnish Police Verification Report Relied on for Dismissal of its Employee: Calcutta HC [Read Order]
The Calcutta High Court has directed the Income Tax Department to furnish the Police Verification Report relied upon for dismissing its employee
In a recent judgment, the Calcutta High Court directed the Income Tax Department to give him a copy of the Police Verification Report (PVR) that was relied upon while dismissing him from service.
Parijat Pattanayak, the petitioner was given a provisional appointment in the Income Tax Department in April 2014 on compassionate grounds after his father died while in service. He was appointed as a Tax Assistant. His appointment was regularised in February 2016, and he continued working.
In December 2024, his service was terminated after his elder brother made a complaint alleging that he had obtained the job using fake and forged documents. A charge-sheet was issued to him, and after the departmental proceedings, he was dismissed from service.
The petitioner said that although he received the charge-sheet and the memorandum of charges, one important document relied upon by the department was not given to him. Because of this, he could not properly defend himself. He argued that the only document not supplied to him was the Police Verification Report mentioned in a letter dated 14.03.2023.
To get the document, he filed an application under Section 6 of the Right to Information Act, 2005. His request was rejected. His first appeal and second appeal were also rejected. He then challenged the order of the Information Commissioner dated 30.10.2024 before the High Court.
The respondents’ counsel argued that two of the respondents were quasi-judicial authorities and were not necessary parties to the case. They also argued that the petitioner had not challenged the order dismissing him from service.
After hearing both sides and examining the records, Justice Reetobroto Kumar Mitra observed that the Police Verification Report was not given to the petitioner on the ground mentioned under Section 8(1)(j) of the RTI Act. However, the tribunal observed that in the affidavit filed by the department, it was admitted that the Police Verification Report and the Minutes of the Departmental Promotion Committee were not confidential.
The department only said that the process of preparing such documents was confidential. The tribunal explained that when a person is charged with misconduct, he must be given a fair opportunity to defend himself. This includes giving him copies of all documents that are relied upon to dismiss him.
The court directed the Income Tax Department to give a copy of the Police Verification Report to the petitioner. The court made it clear that it was not deciding whether the dismissal was right or wrong. The order was limited only to giving the petitioner a copy of the Police Verification Report.
The court modified the Information Commissioner’s order to this extent. It also removed the names of the quasi-judicial authorities from the case, saying that they did not need to be made parties. The writ petition was disposed of, and no costs were awarded.
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