TMI Blog2016 (5) TMI 1447X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minatory and non est in the eyes of law; (c) Declare that the applicant is entitled for being given the promotion to the grade of Commissioner of Income Tax w.e.f. 16.9.2015, i.e., when the respondent No.3 has been promoted vide order dated 16.9.2015 (Annexure-A Impugned) with all consequential benefits viz., arrears of pay, seniority in the grade, etc. to issue the order of promotion to the applicant from the date his immediate junior has been promoted and also to accord him all consequential benefits; (d) Award cost of this application and proceedings against the Respondents No.1 2 and favour of the Applicant. (e) May also pass further order(s) as be deemed just and proper to meet the ends of justice. 2. The applicant is an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending; and (iii) Government servants in respect of whom prosecution for criminal charge is pending. 4. Only in these cases the finding of the DPC can be kept in sealed cover. In the consolidated instructions issued on 02.11.2012 this position has been reiterated and it has been stated that withholding of vigilance clearance to a Government servant who does not fulfil these conditions may not be legally tenable in view of the procedure laid down in the OM dated 14.09.1992. The applicant, as of now,is neither under suspension nor has any chargesheet been issued to him in a departmental proceeding or criminal prosecution. The res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inst 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 respondentsno.1 2, the CVC advice was obtained by MHA. However, 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 acti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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