9911796707
TMI Blog2015 (8) TMI 1221X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner of Income Tax arose in the year 2000-2001, and a further 46 vacancies arose during the year 2001-2002. 2. It is not a matter of dispute, that the benchmark for promotion to the post of Chief Commissioner of Income Tax, under the prevailing Signature Not Verified DoPT guidelines was "very good". In other words only such of the Commissioners of Income Tax, whose service record was "very good" would be treated as satisfying the "merit" component in the process of selection. When the claim of the appellant arose for consideration, the five Annual Confidential Reports which were liable to be taken into consideration were, for the years 1995-1996 to 1999-2000. Of the aforesaid Reports, in three the appellant was graded as "good" (f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eview DPC on urgent basis on the basis of our above observations keeping in view the assessment made by the DPC in the meeting held on February 5 and 6, 2001 and to recommend their case within a period of three weeks from the date of receipt of this order to the competent authority for further necessary action including grant of all the consequential benefits to the applicants from the date their immediate juniors have been granted as a result of recommendations of the DPC meeting held on February 5 and 6, 2001 within a further period of three weeks and communicate the final order to the applicants within a week thereafter." 4. The aforesaid order passed by the Administrative Tribunal, was assailed by the Union Public Service Commission, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in civil, judicial, police or any other service (other than the armed forces), it has civil consequences because it may affect his chances of promotion or getting other benefits. Hence, such non-communication would be arbitrary, and as such violative of Article 14 of the Constitution. The same view has been reiterated in the above referred decision [Dev Dutt v. Union of India and Others, (2008) 8 SCC 725] relied on by the appellant. Therefore, the entries "good" if at all granted to the appellant, the same should not have been taken into consideration for being considered for promotion to the higher grade. The respondent has no case that the appellant had ever been informed of the nature of the grading given to him." 6. The aforesaid posi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -1999, wherein the appellant was assessed as "good". In the absence of the aforesaid entries, it is apparent, that the remaining entries of the appellant being "very good", he would be entitled to be considered fit for the promotion, to the post of Chief Commissioner of Income Tax, on the basis of the then prevailing DoPT guidelines, and the remaining valid Annual Confidential Reports. 8. On the issue, whether the representations filed by the appellant against the Reports for the years 1995-1996, 1996-1997 and 1998-1999 need to be taken to their logical conclusion, we are of the view, that since almost two decades have passed by since the aforesaid Annual Confidential Reports were recorded, it would be too late in the day to require the Au ..... X X X X Extracts X X X X X X X X Extracts X X X X
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