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• 2016 (5) TMI 1447
  

  Eligibility conditions for promotion to the grade of Commissioner of Income Tax and the APARs - Held that:- It is an admitted position of the respondents that at the time of holding DPC the DGIT (Vigilance) had accorded vigilance clearance and there was no disciplinary case pending against the applicant. In para 4 (viii) and (ix) of the counter reply it has been categorically stated that the case of the applicant did not fall under any one of the three categories mentioned in DOP&T OM dated 14.09.1992.

  After a query raised by the ACC, the official respondents got in touch with the MHA who informed them that the first stage advice of CVC had been obtained for initiating major penalty proceedings against the officer. It is not clear as to how in respect of an officer of Indian Revenue Service working under respondents no.1 & 2, the CVC advice was obtained by MHA.

  Leaving it at that, the fact of the situation is that the respondents have not moved beyond that stage and issued any charge sheet, or are taking any action that would come within the ambit of the three categories mentioned in DOP&T OM dated 14.09.1992. Therefore, there is no ground on which the promotion of the applicant could have been kept in abeyance. The respondents have admitted that the applicant was considered fit for promotion, and that some complaints on which CVC advice was obtained by MHA, came to their notice only after a query from the ACC. In our view, pending complaint or an intention to initiate major penalty proceeding against an officer is not sufficient ground to deny him promotion.

  In the face of these facts and the judgment of Hon’ble Supreme Court in K.V.Jankiraman (1991 (8) TMI 292 - SUPREME COURT), the OA is allowed. The respondents are directed to promote the applicant from the date on which his immediate his junior was promoted. The applicant will be entitled to all consequential benefits.

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• 2013 (9) TMI 1181
  
  ... ...
  ... ... ..... e is a strong possibility of manipulation and therefore one representative from the promotee juniors shall also be included in the panel. 14 We think that this is a reasonable request. Justice must not only be done but must be also seen to be done. 15 But a word of caution. Our Constitution and democratic policy is welded to the theme of Rule of Law. Institutional Morality compels the government to accept without hesitation adjudicatory decisions. There is no provision for a pick and choose governance. In a fight for seniority and promotion by its employees, the senior levels of Government can only be a silent spectator and not an active participant lest it destroy their fundamentally impartial role. Dedication and Expedition is called for All the OA's being in the same gemre are hereby disposed of with the above directions to be scrupulously observed. No costs. MA Nos.302/2013 and 303/2013 in OA Nos.128/2013 and 129/2013 for production of documents are also disposed of.

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• 2010 (1) TMI 1242
  
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  ... ... ..... e High Court of Allahabad. Moreover, in the related matter, the Hon’ble Apex Court ordered for maintaining the status quo with regard to seniority, and moreover this Tribunal is not the proper forum in order to ensure compliance of the order of the Hon’ble High Court of Gujarat and Hon’ble Apex Court. Considering all the circumstances and facts, as stated above, we are of the opinion that the impugned order dated 04.08.2010 deserves to be set aside, and in the light of the observations made in the body of the Order, it will not be suffice to set aside the impugned order but rather the O.A. is liable to be dismissed and as the applicant tried to place the misleading facts hence, O.A. is to be dismissed on heavy cost. 16. Above Modification/Recall Applications are allowed. The impugned order dated 04.08.2010 is set aside and recalled. And the O.A. No. 1084 of 2010 is also dismissed accordingly, and a heavy cost of ₹ 10,000/- is imposed on the applicant.

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