file a fresh application under Section 2(j)(ii) of the Act seeking certified photocopy of the Marathi document held with them

[colnrkurup]

Dear Major Prakash,
Received your private message. But unable to reply directly. I have gone through the issue. Now it is not possible to get the review unless it is error apparent on the face records falling under Order 47 Rule 1 CPC. Even then it is time consuming and I won't advice.. Instead, I would suggest to start the case fresh with the experience gained so far. By now you know how each of them of your concern behave. To start with file a fresh application under Section 2(j)(ii) of the Act seeking certified photocopy of the Marathi document held with them. Later make another appliction seeking certified copy of the translated copy of the ibid Marathy document held (I presume that they are holding the translated copy which they produced against you). If you find any disparity, get official translation of the marathy docuent (Not by RTI) from the person authorised to issue translation. Compare all the three. If you find a foul-play in the translation, proceed further as false translation is an offence under IPC. If you post the case in short in this forum we may be able join you in finding the solution.

[Prakash_Deval]

Dear Col NR Kurup Sir,
Thanx a lot for your prompt reply. Yes the decisions of CIC are based on deliberate wrong finding which is not corraborated with facts on record. To be precise the question and reply by CPIO was as under:-

Q1. Whether the marathi agreement was translated in english for presentation before commissioner (Appeals) if yes give name address appointment if any and qualification of the person who translated it. Please give copy of the translation.
A1. Yes. Document was orally translated by our departmental officer. It is not relevant who translated the document. Nowhere it is said that the translation was incorrect. even if it is incorrect you have the chance of appealing against the same.

Thereafter I asked for copy of proceedings in which the deposition of the said officer was recorded in proceedings as per CPC, but it was replied that they do not have procedure of maintaining such proceedings.

The facts as admited by CPIO are that some officer orally translated the document and his deposition was not recorded as it should have been. CPIO is refusing to reveal the name etc of the officer.

CIC has recorded a perverse and coloured finding on the above that
"Respondent (CPIO) are unwilling to provide the answer to appellant on ground that there was nothing on records of commissioner (Appeals) which would reveal as to what methodology was followed by commissioner in getting marathi document translated.

Finding is absolutely incorrect since methodology admitedly oral translation by departmental officer.

After willfully recording such finding CIC has decided that since there is nothing on record no disclosure obligation can be cast on CPIO.

CIC has not entertained my prayer that if no record was kept action should be recommended by CIC as per departmental rules.

In above situation what are the best cost effective (In terms of time money and energy) to seek redress. As far as the original grievance is concerned (Excessive demand of service tax since I refused to follow the path of bribery but was honestly paying service tax) I have already been given substantial relief by commissioner appeals who had illegally dismissed my appeal for not depositing 4.5 lacs as pre-deposit to admit the appeal was forced to take up my appeal on merit and agreed that I had paid service tax correctly hence no more tax can be demanded from me. (He was different commissioner who heard the de-novo appeal).

My e-mail address is pgdeval@dataone.in. Cell NO is 09823731988. Please let me know your e-mail and cell no so that I can contact you directly.
Thanks once again and close with best of wishes. - Prakash Deval.

[karira]

Major Prakash,

Please avoid putting your email id or telephone numbers on the forum.
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[sidmis]

Dear Major Prakash,

This conversation appears to be one-to-one talk between you and Col. Kurup. Something interesting is going on between you two.

Kindly share with us and give more background info on it so that others can atleast get something out of this.

Best Regards,

Sidharth