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Bengaluru, Mar 4: The Karnataka High Court has issued a notice to the state government in connection with the denial of retirement benefits to a retired deputy commissioner of commercial taxes who had fought against the illegal iron ore lobby.

Justice G Narendra also directed the state to respond to the notice before March 9, stating the reasons for withholding the officer’s retirement benefits.

Advocate Ramananda, appearing for the retired officer Josephat Andrews, explained that the single-judge bench also warned the government of stringent action.

Petitioner Josephat Andrews said his retirement benefits amounting to Rs 25.88 lakh were being withheld since 2014.

In 2009, Andrews detected a huge scam involving Vijaya Leasing, a company associated with former minister Gali Janardhan Reddy. Immediately he wrote to his higher officials explaining to them how the department was owed Rs 1,400 crore in taxes by the company. Immediately after that, Andrews was transferred to Bengaluru.

The media exposed the scam in 2012. Thereafter, to harass the officer, Andrews was served notice for allegedly not conducting an inspection of M/s Vijaya Leasing, which was controlled by the family of then tourism minister Gali Janardhana Reddy, on July 11, 2012.  He was discharged by a full departmental enquiry.

The petitioner was issued a second show cause notice on Jan 29, 2014 on the same charges. Before his retirement, he was docked two increments, denied promotional benefits and his pension was reduced without following due process.

He was served yet another notice with charges that he did not inspect goods vehicles, and an order was passed on April 30, 2019 reducing his pension by 5 per cent, an unprecedented punitive action.

This order was quashed by the Karnataka Administrative Tribunal (KAT), which also ordered payment of retirement benefits to Andrews within five months. However, the benefits were not released to him.  

“Rule 214 of the Karnataka Civil Services Rules (KCSR) make it clear that no enquiry can be held four years after an officer’s retirement.  Belying all statutory rules and precedents of the Supreme Court, Josephat Andrews’ retirement benefits were withheld for five years. Andrews therefore approached the High Court,” advocate Ramananda explained.

Josephat Andrews recalled to Deccan Chronicle that although mining activity was in full swing in 2008, the commercial tax department maintained that it had nothing to do with mining. “I travelled to Gujarat, Maharashtra and Bellary to investigate. I found tax evasion of thousands of crores. When I visited M/s the Vijaya Leasing facility – it was operating from an old oil mill premises–within 20 minutes I got calls from Ali, a person claiming to be the personal assistant of Gali Janardhan Reddy. He told me to get out of the premises as it belonged to his boss. Then calls came from minister Sreeramulu and MLA Nagendra. 

Within minutes 200-300 rowdies gathered around the building and my superior asked me to come back. Instead of filing a police complaint and forming a special team to deal with the situation, the department transferred me to Bengaluru,” he explained.

Talking about the High Court directive, Josephat Andrews said, “I have suffered a lot. Instead of getting a reward for increasing revenues by Rs 2,000 crore, I was punished.”

New Delhi, May 9: The Finance Ministry on Friday announced relief to those who have been facing difficulty with their residency status in India under section 6 of the Income-tax Act due to lockdown and suspension of international flights owing to COIVD-19 outbreak, as they have had to prolong their stay in India.

According to a Central Board of Direct Taxes (CBDT) release, Finance Minister Nirmala Sitharaman today allowed discounting of prolonged stay period in India for the purpose of determining residency status after considering various representations received from people who had to prolong their stay in India due to lockdown and suspension of international flights.

They expressed concern that they will be required to file tax returns as Indian residents and not as NRIs after 120 days of stay.

The Finance Ministry stated that the lockdown continues during the financial year 2020-21 and it is not yet clear when international flight operations would resume, a circular excluding the period of stay of these individuals up to the date of resumption of international flight operations shall be issued for determination of the residential status for the financial year 2020-21.

A circular also said that in order to avoid genuine hardship in such cases, the CBDT has decided that for the purposes of determining the residential status under section 6 of the Act during the previous year 2019-20 in respect of an individual who has come to India on a visit before March 22, 2020 and:

(a) has been unable to leave India on or before March 31, 2020, his period of stay in India from March 22, 2020 to March 31, 2020 shall not be taken into account; or

(b) has been quarantined in India on account of novel coronavirus (Covid-19) on or after March 1, 2020 and has departed on an evacuation flight on or before March 31, 2020 or has been unable to leave India on or before March 31, 2020, his period of stay from the beginning of his quarantine to his date of departure or March 31, 2020, as the case may be, shall not be taken into account; or

(c) has departed on an evacuation flight on or before March 31, 2020, his period of stay in India from March 22, 2020 to his date of departure shall not be taken into account."

The release said there are number of individuals who had come on a visit to India during the previous year 2019-20 for a particular duration and intended to leave India before the end of the previous year for maintaining their status as non-resident or not ordinary resident in India.

"However, due to declaration of the lockdown and suspension of international flights owing to outbreak of COVID-19, they are required to prolong their stay in India. The status of an individual whether he is resident in India or a non-resident or not ordinarily resident, is dependent, inter-alia, on the period for which the person is in India during a year," it said.

Bengaluru, Jul 17: The Karnataka State Board of AUQAF has ordered that management committees at Muslim Khabarastans, shall not refuse burial to Muslims died due to COVID-19.

"...in exercise the powers conferred under Waqf Act 1995, it is hereby ordered that management Committees/Muthawallies/Administrators responsible for the management of Muslim Khabarastans in the state of Karnataka irrespective of registered or unregistered in the Waqf, shall not refuse the burial of Muslims died due to COVID-19 pandemic," read an order from the Karnataka State Board of AUQAF on Thursday.

"They shall co-operate with all the Nodal Officers designated for this purpose regarding the decent burial. Non co-operation or refusal on the part of the management will be construed as an insult committed to the deceased. Any violation of the above order will attract the punitive provision of Indian Penal Code and removal from the management as per the provisions of the Waqf Act 1995," the order read.

It further said that the Waqf Officers, District Wakf Advisory Committees of the state, shall ensure the adherence of this order, and circulate the same to all the Khabarastan managements, registered or unregistered in the state.

"No further deliberation in this regard is solicited except compliance of the order in letter and spirit. Any dereliction in this regard will be viewed seriously," it read.

Giving a background on the issue of burial of COVID-19 deceased, the order read, "It is observed that, number of deaths are being occurred in various Districts of Karnataka, due to COVID-19 pandemic and it is reported that, some of the management committees of Khabarastan, are not cooperating to bury the dead bodies of COVID-19."

"A decent burial is a right of the dead person" as per the law of the land and the Islamic jurisprudence. It is needless to emphasize the importance of burial of Muslim dead bodies in Shariah. The dead body of a Muslim is treated with the utmost respect by the Ummah, joining in the funeral (Tadfeen), participating in the Namaz-e-Janaza and the burial are considered as Farz-e-Kifaya in Muslim law. According to the tradition of Islam, the person who participates in the funeral is entitled to Mountain sized reward (Sawaab)," the order read.

As per the order, the board, in its earlier circular had also cautioned the management of Waqf institutions and Khabarastan which were reluctant to allow the decent burial in the Khabarastan would be punished under the provisions of Indian Penal Code and the punitive provisions of the Waqf Act 1995 as well.

"The District Magistrates and the Superintendent of Police in the districts have been requested to prosecute the erring management committees who are responsible for non co-operation in this regard. Hence, the following order," it added.