Activist Saket Gokhale Moves Delhi High Court Against CVC, ED Over Failure To Publish ED Director's Immovable Assets

Update: 2021-12-01 06:02 GMT
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Activist Saket Gokhale has moved the Delhi High Court against Central Vigilance Commission and the Enforcement Directorate for not uploading and making public the immovable property declarations of ED Chief SK Mishra on the website of Central Board of Direct Taxes (CBDT). It is pointed out that CVC had issued an office order on 23rd November last year, giving a week's time for filing...

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Activist Saket Gokhale has moved the Delhi High Court against Central Vigilance Commission and the Enforcement Directorate for not uploading and making public the immovable property declarations of ED Chief SK Mishra on the website of Central Board of Direct Taxes (CBDT).

It is pointed out that CVC had issued an office order on 23rd November last year, giving a week's time for filing of annual immovable/ movable property returns up to the year 2019 by all civil servants.

However, it is contended that Mishra's annual returns for the previous three years as well as for the years 2013 and 2014, have not been uploaded on the website.

"Director, ED is tasked with heading the premier financial investigation agency of the country. Therefore, it is all the more important that the financial assets declared by him, such as the filing of his IPRs, is properly uploaded and updated on the CMS database of CBDT website," states the plea.

It adds,

"The said office order clearly stated that all CVOs/ administrative authorities shall ensure its strict compliance by the officers. It was further stated that disciplinary action shall be initiated against officers who fail to meet the deadline for filing the return," the plea avers.

It is thus prayed that an inquiry and further necessary action be initiated against the delinquent officers regarding failure to upload the immovable property returns of Mishra. Further, it may be ensured that the returns in question are properly uploaded and updated on the CMS database of the website of CBDT.

The Petitioner has further submitted that annual filing of IPRs by officials and uploading the same on the website is a matter of immense public importance as it is an integral part of the citizens' fundamental right to information and knowledge.

"Keeping such information up-to-date on the website is essential for the purposes of transparency, especially when it is mandated by the office order of CVC," the plea states.

Thus, it is urged that Union of India be ordered to issue directions to all its Ministries/ Departments/ Organisations to ensure strict enforcement of CVC's Office Order dated November 23, 2020.

The petition is filed through Advocates Sarim Naved, Akram Khan, Suroor Mander, Anshu Davar and Kamran Javed.

Case Title: Saket Gokhale v. Union of India

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