Income Tax Official Jailed for 6 Months for slapping TC

Mumbai Court convicted an Assistant Commissioner of Income Tax to six months in jail and sentenced him to pay a Rs.1 lakh fine this week for slapping a ticket checker with his chappal when he was asked to pay a penalty for traveling without a ticket in 2016. The court postponed Rishikumar Singh’s sentencing on Tuesday to allow him to appeal the order.

It should be mentioned that the accused is a government employee who was working as an Assistant Commissioner of Income Tax at the time of the alleged offense. He hit the informant with his footwear while performing his duties as a ticket checker at a railway station. Considering the increase in cases of assault on public servants and the unusual manner of assault on the informant, It was found that a sentence of imprisonment, as well as a fine, is necessary to be awarded, according to additional sessions judge S D Tawshikar in his order.

The accused argued in his defense that the TC was not wearing the authorized full uniform coat or blazer. As a result, he could not be deemed to be on public duty. According to the TC, he was wearing a white shirt and his identity card was around his neck.

Singh’s argument was considered “too complicated” by the court and so rejected. It stated that the railway‘s norms of behavior were “administrative instructions,” which did not change the fact that the TC was carrying out his duties as a public servant.

“Even if the informant was not dressed in full TC uniform, his act of asking a ticket is sufficient to indicate to others that he is a Ticket Checker.” Even if the informant was not in uniform, the accused had no right or power to assault him in public, according to the court.

Singh further alleged that he was falsely accused because the TC demanded a bribe and he refused to pay it. According to the court, these accusations were “absolutely vague, unjustified, and an afterthought.”

Singh was charged with slapping a senior ticket inspector at Chhatrapati Shivaji Maharaj Terminus on October 8, 2016. According to prosecutor Ajit Chavan’s arguments, the TC was on duty that day, checking tickets on station 14/15. Around 7.15 p.m., he saw someone rush passed him. When the TC asked him to show his ticket, he stated that he did not have one. The TC then demanded that he pay a fine.

The man, later identified as Singh, told the TC, “I am an income tax commissioner, I don’t need to take a ticket, who are you to question me about it?” According to the TC, Singh then attempted to run but was confined, at which point he removed his chappal and slapped his cheek with it. He also caught the collar of the TC. The TC said in court that during the fight, his uniform was damaged and his wristwatch fell and got lost.

Meanwhile, the TC alerted other TCs who reached. Singh was arrested and a FIR was lodged with the CSMT railway police.

Ten witnesses were cross-examined during the trial, including four additional TCs who arrived on the scene and two others who were present at the station. The two, on the other hand, said they had not witnessed the accused or the assault. Singh argued that the lack of independent witnesses damaged the police case because the incident occurred at a railway station. The court stated that the population present at train stations is often in a hurry, particularly in Mumbai, making it impossible to obtain independent witnesses from among them.

Singh’s lawyer further stated that all of the TCs acted like “Railway Governors” and victimized him, a high-ranking public official. The court ruled that TC’s colleagues could not be regarded as interested witnesses because they had no incentive or enmity toward Singh to convict him.

It also stated that, while Singh claimed to have a valid ticket, no such evidence was shown throughout the trial. The court also stated that, despite the CD containing CCTV footage from the station was discovered to be blank, there was sufficient evidence against Singh.

The court found him guilty of assault, causing injury to a person, and preventing a public worker from doing his duties under sections 353, 332, and 323 of the Indian Penal Code (IPC). The court also ordered that half of the Rs.1 lakh fine be paid to the TC who was slapped by him.