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2017 (4) TMI 769 - JHARKHAND HIGH COURTPromotion on the post of Income Tax Officer - qualification in the examination - number of attempts - Held that:- Upon going through the rules, it is crystal clear that in the calculation maximum number of chances actually availed by the candidate, the chances for which he is allowed to appear in the examination shall be taken into account irrespective of the fact whether the candidate appears in the examination or not. Thus, there cannot be any dispute on this point as the rule position is very clear. The applicant’s contention on this point, therefore, not considered valid. The learned Tribunal has rightly held in para-6 of the order dated 07.07.2015, “that the case of the applicant has been rejected on merit as well as on legal grounds. The Tribunal’s observation was not a direction to the respondents. The Tribunal merely expressed “hope” that if any sympathetic consideration can be given within the Rules, the authorities will do so. Since the authorities could find no Rule to support his case they have rightly rejected his case. The Tribunal cannot give any direction contrary to the Rules. Accordingly, the OA is dismissed.” In the earlier order of the Tribunal dated 17.11.2014, the Tribunal had observed that, “in his representation, the applicant had admitted that he was fully aware of the fact that filing of application for examination is considered as an attempt for the said examination, whether the candidate appeared or not in the said examination"
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