DA case: lawyer moves HC against DVAC for non-payment of fee

February 16, 2016 12:00 am | Updated 05:46 am IST - Bengaluru:

An advocate, who “assisted” the Directorate of Vigilance and Anti-Corruption (DVAC), Chennai, in the Disproportionate Assets (DA) case against Tamil Nadu Chief Minister Jayalalithaa, has moved the Karnataka High Court complaining that the DVAC is avoiding payment of Rs. 6.83 lakh due to him towards professional fee in the DA case.

Justice Ashok B. Hinchigeri ordered issuance of emergency notice to the Director, DVAC.

In his petition, Satish R. Girji, a Bengaluru-based advocate, said that he was “orally” asked by the DVAC to assist G. Bhavani Singh, who represented the DVAC as its Special Public Prosecutor before the Karnataka High Court [till the apex court struck down his appointment] in the appeals filed by Ms. Jayalalithaa challenging her conviction in the DA case by a special court.

The petitioner-advocate claimed that the DVAC had paid him Rs. 3.88 lakh after deducting Rs. 44,651 as tax deducted at source (TDS) for his appearance and legal assistance from January to February 22, 2015, in the DA case.

Later, the petitioner sent the final bill — seeking payment of another Rs. 4.33 lakh towards professional charge, and Rs. 2.5 lakh as fee for appearance in the case from February 23 to March 13, 2015 — to the DVAC after the High Court delivered its verdict in May 2015.

However, the DVAC on September 19, 2015, wrote to him stating that “…as per the available records in this directorate, no authorisation was given in your name by the Government of Tamil Nadu to appear before the Karnataka High Court in connection with the criminal appeals…”

The petitioner-advocate contended that Rs. 3.88 lakh, which the DVAC had paid him directly after TDS, clearly “proves” that he was “authorised to assist in the DA case”. He has also produced the TDS certificate.

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