Original Application No. 040/00145/2017. Case: Shri Bamin Tari Vs The Union of India and Ors.. ITAT (Income Tax Appellate Tribunal)

Case NumberOriginal Application No. 040/00145/2017
CounselFor Appellant: Mr. M. Chanda, Mrs. U. Dutta & Mr. H. Das, Adv.
JudgesMohd. Haleem Khan, Administrative Member
IssueAdministrative Law
Judgement DateJune 05, 2017
CourtITAT (Income Tax Appellate Tribunal)


Mohd. Haleem Khan, Member (A)

  1. Mr. M. Chanda, learned counsel submitted that the present applicant approached this court by O.A. No. 040/00247/2014 which was allowed on 20.04.2015. The operative portion is extracted below:-

    -- 54. In view of the discussions made in the foregoing paragraphs and following the ration laid down by the Honble Supreme Court, the Honble Delhi High Court as well as the decisions of the Central Administrative Tribunal, we accordingly set aside and quash the impugned Memorandum of Charges dated 05/07.03.2014.--

  2. Against the above order, the respondents approached the Honble Gauhati High Court by WP(C) No. 7682/2015. The Honble High Court by its judgment and order dated 03.05.2016 dismissed the WP(C). The learned counsel categorically submitted that he should have been considered for promotion by DPC held on 04.04.2017.

  3. The learned counsel further brought to the notice of this court DoP&Ts promotion order No. 18/19/2017-EO(SM.II) dated 23.05.2017 issued by Under Secretary (EO-SM.II) specifically Para 3 (ii) which reads as follows:-

    -- (ii) The cases of Shri Ramavath Srinivas Naik, Shri Bamin Tari and Shri Alok Jha may be further considered after ascertaining their current vigilance status and further status of court cases.--

  4. According to the learned counsel, there is no reason for the respondents to keep the matter of promotion of the applicant pending on the pretext of further consideration and of...

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