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2018 (4) TMI 1563 - HC - Indian LawsPromotion to the post of Commissioner, Income Tax - grievance of the respondent as raised before the Tribunal was that though his name had figured at serial number 131 in the proposal placed before the DPC and he was found fit and placed in the List of the recommendations made by the DPC at serial number 105 for his promotion, the promotion order issued on 16.09.2015, did not include his name - Held that:- Admittedly, till date, the petitioner has not initiated any departmental proceedings against the respondent by charging him for possessing disproportionate assets to the tune of over 9 lakhs. In such circumstances, we see no reason to differ with the opinion expressed by the Tribunal in the impugned order. The DPC was convened on 05.06.2015 and it is undisputed that on the said date, no criminal or departmental proceedings were pending against the respondent and the department had given a vigilance clearance before recommending his name for promotion along with the others. Petition dismissed - decided against Revenue.
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