TMI Blog2019 (12) TMI 1079X X X X Extracts X X X X X X X X Extracts X X X X ..... nable to give any reason for not sending the complete application of respondent no.1; and since furnishing of the APAR for the year 2016 2017 was only in the control of the department, respondent no.1 should not be made to suffer. In the circumstances however, he says that respondent no.1 would make a representation to the Committee to enable it to examine the grievance of respondent No.1 since otherwise a competent departmental candidate would lose-out in the recruitment process. Accordingly, we dispose of the writ petition with the observation that if a representation is made within 3 days, the Committee would examine the same. - W.P.(C) 9126/2019, C.M.37691/2019 - - - Dated:- 22-11-2019 - MR. G.S. SISTANI AND MR. ANUP JAIR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 37 Members (Judicial/Accountant) in the Income Tax Appellate Tribunal (ITAT). As per the Circular, the last date for submission of the application was 20.08.2019. Reliance is placed on paragraph 12 (iv), (v) and (vi) of the Circular, which we produce below: 12. HOW TO APPLY .. (iv) Candidates in Government service should submit their application (s) through proper channel only. (v) Application in the following format, duly completed and signed by the candidates, (in the case of Government servants through proper channel with up-to-date CR dossiers, cadre clearance and vigilance clearance) should reach Shri Suneel Sachdeva, Under Secretary to the Govt. of India, Ministry of Law and Justice, D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e interim Search-Cum-Selection Committee ( Committee ) for Recruitment of Members in the ITAT read as under: 3. The Committee also noted the guidelines/ procedure for verification of character and antecedents for appointment to the post of member in Tribunals under purview of the ACC, as contained in Department of Personnel Training (DoP T) O.M.No.9/19/2016-EO(SM.II) dated 8th January, 2018, which is as under: - (i) The respective Selection Committee / Search-cum- Selection Committee shall short-list candidates (2 or 3 times the number of vacancies) in the first round. (ii) Verification of character and antecedents of the short-listed candidates shall be made by the administrative Ministry/Department throu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Mr. Ravi Prakash further submits that the Committee has taken a considered and firm decision in the matter and that no incomplete application has been accepted or considered beyond 20.08.2018. 7. Mr.Viraj R. Datar, learned counsel for respondents, however submits that as far as respondent no.1 is concerned, he had made his application through proper channel and there was no reason for him to think that the application would not be forwarded with complete paper work or that one ACR/APAR would be omitted to be sent for no discernible reason. He submits that the action of the department against respondent No.1 is mala fide since 15 officers had applied, out of which 14 applications have been forwarded with incomplete documents and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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