One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X approached me with a serious concern regarding his employment prospects being jeopardized due to administrative delays by the Income Tax Department. He had applied for correction in his PAN card two weeks prior, specifically to add his father’s name which was missing from the original document. The correction was urgently required for his new job at XYZ Company, where the HR department was pressurizing him for document submission. Despite multiple follow-ups, he hadn’t received even the e-PAN, and the application status merely showed “under progress” with no clear timeline. His employment offer was at risk of being withdrawn due to this bureaucratic delay. What started as a simple documentation issue had escalated into a potential legal matter affecting his fundamental right to employment and livelihood.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• File RTI applications to understand the exact status and reasons for delay
• Approach the Grievance Redressal Officer of the Income Tax Department immediately
• Consider filing a writ petition if employment opportunities are being lost due to administrative negligence

Applicable Sections of Law

Several legal provisions can be invoked in such cases. Under the Bharatiya Nyaya Sanhita (BNS), Section 224 deals with destruction, alteration or concealment of documents which may apply if officials are deliberately delaying processes. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 provides procedures for compelling government officials to perform their duties. Additionally, Article 21 of the Constitution guarantees right to livelihood, and the Right to Information Act, 2005 ensures transparency in government functioning. The Consumer Protection Act can also be invoked as citizens are consumers of government services.

If You Are the Complainant

• Document all communication attempts with the Income Tax Department including timestamps and reference numbers
• File an RTI application seeking specific timeline and reasons for delay in processing your application
• Escalate to the Principal Chief Commissioner of Income Tax in your region with a formal complaint
• Approach the Central Vigilance Commission if there are signs of deliberate delay or corruption
• Consider filing a representation to the Finance Minister’s office highlighting the employment impact

If You Are the Victim

• Maintain detailed records of all financial losses incurred due to the delay including potential salary loss
• Gather evidence of employment offers being affected or withdrawn due to documentation delays
• Approach the National Human Rights Commission if fundamental rights are being violated
• Consider filing a suit for compensation against the department for negligence causing financial harm
• Explore alternative legal documents that might temporarily serve the employment purpose while awaiting PAN correction

How the Police Behave in Such Cases

Generally, police may be reluctant to register FIRs in administrative delay matters, often treating them as civil disputes rather than criminal offenses. However, if there’s evidence of deliberate obstruction, corruption, or criminal negligence by officials, police can be compelled to investigate under relevant sections of BNS. They typically advise approaching higher administrative authorities first before considering criminal action.

FAQs People Normally Have

Can I file a criminal case against IT Department officials for delays? Yes, if there’s evidence of intentional delay, corruption, or criminal negligence affecting your rights.

What compensation can I claim for employment losses? You can claim actual financial losses, future earnings impact, and mental harassment compensation through civil courts.

How long should I wait before taking legal action? If the delay exceeds the prescribed timeline without valid reasons, immediate legal action is advisable.

Can my employer withdraw the offer due to PAN delay? While employers have discretion, if the delay is due to government negligence, you may have legal remedies against both parties.

What Evidence Is Required?

• Original PAN correction application with acknowledgment receipt and reference number
• Email communications and phone call records with IT Department officials
• Employment offer letter showing PAN requirement and deadline
• Screenshots of online application status showing prolonged “under progress” status
• Financial documents showing losses incurred due to delay
• Witness statements from HR personnel regarding employment impact
• RTI responses revealing actual reasons for delay or lack thereof

How Long Will the Investigation Take?

Administrative grievance investigations typically take 30-60 days, while RTI responses are mandated within 30 days. Criminal investigations, if initiated, may take 3-6 months depending on complexity. Writ petitions in High Courts usually get listed within 2-4 weeks. The urgency of employment impact often expedites legal proceedings, with interim relief possible within days of filing.

Advocate Sudhir Rao, Supreme Court of India