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2017 (1) TMI 1600 - Tri - Indian LawsPromotion to the post of Commissioner of Income Tax - the promotion of applicant was not put in sealed cover as it was not approved - no criminal or disciplinary proceedings were pending against the applicant - Held that:- On the date of consideration for promotion to the post of Commissioner of Income Tax by the DPC, i.e. 05.06.2015, no criminal or disciplinary proceedings were pending against the applicant. He was found fit by the DPC and recommended for promotion. ACC, however, did not approve his promotion and desired that all complaints be decided. As a matter of fact, no complaint was pending against the applicant. The only criminal case registered against him had been closed by the investigating agency (CBI) itself and the closure report filed u/s 173 CrPC was accepted by the Special Judge, CBI. The case of the applicant is squarely covered by the provisions contained in DOP&T office memorandum No.22011/4/91-Estt.(A) dated 14.09.1992, which came to be issued pursuant to the judgment of the Hon’ble Supreme Court in Union of India etc. v K. V. Jankiraman [1991 (8) TMI 292 - SUPREME COURT] where it was held that No promotion can be withheld merely on the basis of suspicion or doubt or where the matter is under preliminary investigation and has not reached the stage of issue of charge sheet etc. If in the matter of corruption/dereliction of duty etc., there is a serious complaint and the matter is still under investigation, the Government is within its right to suspend the official. In that case, the officer’s case for promotion would automatically be required to be placed in the sealed cover. In the present case, no criminal or disciplinary proceedings were pending against the applicant as on the date of consideration of his case for promotion to the post of Commissioner of Income Tax, i.e. 15.06.2015, as the closure report in the criminal investigation against him had already been accepted by the Special Judge, CBI vide order dated 12.03.2014. Respondents are directed to implement the recommendations of DPC dated 05.06.2015. The applicant shall be entitled to notional promotion to the post of Commissioner of Income Tax from the date his juniors, namely, Satpal Gulati and B. Venkataswara Rao were promoted, and financial benefit from the date of actual promotion - application allowed.
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