TaxTMI 
TaxTMI 
2016 (6) TMI 1230
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....o. 373 of 2015 with Misc. Application No. 444 of 2015 - -<br>Indian Laws<br>HON'BLE SHRI M.NAGARAJAN, JUDICIAL MEMBER AND HON'BLE SHRI E.K.BHARAT BHUSHAN, For the Appellant : Advocate Shri M.S.Trivedi For the Respondent : Advocate Ms.M.M.Bhatt, Ms.F.D.Patel ORDER Per: Hon'ble Shri M.Nagarajan, Judicial Member The grievance of the applicant in this OA relates to the proposed action on the part of the respondents in holding DPC for the purpose of promotion from the cadre of Income Tax Officer (ITO) to the cadre of Assistant Commissioner of Income Tax (ACIT) for the vacancy year 2014-15. 2. The applicant claims that the DPC is proposing to consider the Officers in the cadre of Income Tax Officers for promotion to the cadre of A....
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.... Assistant Commissioner of Income Tax, any action on the part of the respondents in initiating process for holding DPC is illegal and the same would violate the direction of the Hon'ble Supreme Court in N.R.Parmar (supra). Without finalising the seniority list pertaining to the cadre of Income Tax Officer, the respondent Nos.2 and 3 have initiated necessary process for holding the DPC. In fact the respondent No.3 issued a communication dated 04.9.2015 vide Annexure A/1 by which the Office of the Central Board of Direct Taxes directed the Principal Commissioner of Income Tax of all regions to convey the status of vigilance clearance in respect of the Income Tax Officers pertaining to the respective regions. Being aggrieved by the process ini....
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....a DPC which will consider the officers as per the seniority list that existed prior to the judgment of the Hon'ble Supreme Court in N.R. Parmar (supra). He further submits that the respondent No.4 had already prepared, published and communicated seniority list pertaining to the cadre of ITOs to the officers of CBDT. He argued that the applicant has a right to be considered for promotion on the basis of the ranking assigned to him under the Gujarat Region seniority list. He produces a copy of the meeting notice dated 15.6.2016. Referring to the meeting notice dated 15.6.2016 he argued that the necessary direction be issued to the respondents to direct the DPC to consider the claim of the applicant for promotion to the cadre of ACITs based on....
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....public interest and to meet the administrative exigencies and hence, the same cannot be faulted upon on the mere fact that as now All India Seniority in terms of N.R.Parmar (supra) is not available as of now. She submits that the case of the applicant for promotion to the cadre of ACIT will be considered as and when the DPC is to be convened for the purpose of effecting promotion to the cadre of ACIT on regular basis. Therefore, she prayed that neither the action on the part of the respondents proposing to hold DPC nor their action in not finalising the seniority of All India seniority can be faulted upon. She prayed that the OA be dismissed. 10. On perusal of the documents annexed thereto and upon hearing the learned counsel for the parti....
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....or promotion to the grade of ACIT on ad-hoc basis for the vacancy year 2015-16 has been fixed for 20/06/2016 at 10:30 AM in the Chamber of Chairman, CBDT. 2. In the aforesaid DPC meeting, Pr.DGIT (HRD) will be one of the members and Shri Gajanand Meena, CIT (A)-1, Delhi will be co-opted Member. It is therefore, requested that Pr.DGIT (HRD) and the CIT(A)-1, Delhi may kindly make it convenient to attend the said Meeting. Sd/- (Brij Mohan) Under Secretary (Ad.VI) Tele.No.23095474 A perusal of the same reveals that the DPC is meeting to consider ITOs for promotion to the cadre of ACIT only on adhoc basis in respect of the vacancy for the year 2015-16. The Officers to be considered by the DPC are not going to be promoted on regular basis.....