IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S. SONAK, JITENDRA JAIN, JJ.
Darshan Singh Parmar - Appellant
Vs.
The Union of India - Respondent
Writ Petition No. 2283 Of 2013
Decided On : 24-06-2025
| Table of Content |
|---|
| 1. petitioner's information contributed to tax recoveries. (Para 3 , 4 , 5) |
| 2. authorities' duty to provide timely reward payments. (Para 12 , 13 , 26) |
| 3. court's order to sanction payment of determined reward. (Para 34 , 35) |
JUDGMENT :
M. S. Sonak, J.
1. Heard learned counsel for the parties.
2. The rule was issued in this Petition on 13 October 2015. Accordingly, with the consent of and at the request of learned counsel for the parties, this Petition was heard for final disposal.
3. The Petitioner, who was 64 years old at the time of institution of this Petition in 2013, seeks an appropriate writ to direct the Respondents to reward the Petitioner for valuable information provided by the Petitioner to the State Government and its Sales Tax Department from 1992 onwards, based upon which, the sale tax recoveries were made from the tax evaders. This reward is claimed by relying upon the circular/resolution dated 01 January 1976 (Exhibit A at pages 14 to 19 of the paper book).
4. The record bears out that the Petitioner, since 1992, has been submitting information to the Sales Tax Department regarding tax evasion and evaders. In 1996 (see letter dated August 15, 1996), the Petitioner revealed the connection between Public Sector Oil Companies and certain Fisherman Co-operative Societies, exposing the modus operandi employed, which resulted in widespread tax evasion. Despite the Petitioner providing information that at least prima facie indicated tax evasion or even tax fraud, no action was taken. As a result, the Petitioner filed Public Interest Litigation No.139 of 2006, requesting action on his complaints.
5. By order dated 21 November 2007, this PIL was disposed of after taking cognizance of the Affidavit filed by the Superintendent of Police, C.B.I. EOW, Mumbai and the Affidavit on behalf of the Finance Department, Government of Maharashtra. These Affidavits provided details of the action taken, including arrest and filing of a charge sheet. This order granted liberty to the Petitioner to pursue his remedy of seeking rewards because it was the Petitioner’s case that the tax evaders were booked and the taxes may have been recovered from them based upon the Petitioner’s complaints.
6. The Petitioner, therefore, pursued the matter with the Respondents. However, this pursuit did not meet with much success, mainly because the Respondents were not disclosing full details about the action initiated and the recoveries made based on the Petitioner’s complaints. The Petitioner was always given vague and nonspecific replies. The Petitioner was informed that the issue of recoveries is the subject matter of appeals, and the Department was pursuing the matter. The Petitioner was given the impression that once the appeals are disposed of, necessary recoveries would be made and the Petitioner’s claim for reward considered. However, no proper information was being supplied to the Petitioner.
7. The Petitioner then applied for information under the Right to Information Act. The Petitioner claims that, based on the information provided, substantial tax recoveries were made following the Petitioner’s complaints. Nonetheless, for no apparent reason, the rewards were not being paid to the Petitioner.
8. Aggrieved by the non-payment of reward even though the circular dated 01 January 1976 required such payment, the Petitioner has instituted the present Petition seeking the following substantive reliefs: -
“(a) This Hon’ble court under article 226 of the Constitution of India be pleased issue writ of certiorari, mandamus or any other appropriate writ directing Respondents to pay reward money to the Petitioner in accordance with the circular annexed at Ex “A” to the Petition.
(b) This Hon’ble Court be pleased to direct Respondent No.2 & 3 to furnish the particulars of the appeals preferred by the assesses before the various authorities and copies thereof.”
9. Several affidavits have been filed by the Respondents in this Petition. An Affidavit was a
Authorities must adhere to reward schemes without undue delay, ensuring transparency and prompt payments for informants.
CBI has no scheme for informer rewards; claims lacking evidence and guidelines rejected.
The responsibility to determine reward amounts rests on accurate information and resultant extra taxes, rather than merely on seizure amounts.
Petitioner is entitled to consideration of reward claim by authority subject to law and within time frame fixed by Court.
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