Tuesday, October 7, 2014

Delhi High Court restrained promotion to the post of Pr CIT

The High Court of Delhi in an order yesterday (29/09/14) asked the Central Government to stop the promotion of the Indian Revenue Service officers of the rank of Commissioner of Income Tax on promotion to a newly-created post of Principal Commissioner of Income Tax on a plea alleging that the process adopted to appoint a person to that office was illegal.
A bench of justices S Ravindra Bhat and Vipin Sanghi also asked the Central Administrative Tribunal (CAT) to try to complete the pleadings in the case within eight weeks from today(30/09/2014)

The Congress Government under Prime Minister Manmohan Singh had earlier sanctioned the cadre restructuring of the IRS officers and had created a 20,751 additional posts. The new government had sanctioned the promotions and a Departmental Promotion Committee under the Ministry  of Finance was constituted and they decided to promote the officers.
“Central government should not take any final decision on the appointment of the Principal Commissioner of Income Tax. They (Centre) should not appoint/fill the post during pendency of the petition before the Tribunal (CAT).
“The CAT should make every endeavour/effort to finish the case within eight weeks,” the high court said.
The order came on a plea of S K Srivastava, an officer of the Indian Revenue Service (IRS), who has sought quashing of the CAT’s September 9 decision which had rejected his plea seeking a stay of the decision of the DPC (departmental promotion committee) promote the Commissioners of Income Tax as the Principal Commissioners of Income Tax.
The petitioner, who argued in person, submitted the proceeding of the DPC was held illegally as one of the members (Chairman, Central Board of Direct Taxes) participated in the selection process despite the fact that one of the candidates being considered was his (Chairman’s) wife.
Taking note of the plea, the court directed Srivastava and the other parties (respondents) in the case to co-operate with each other and remain present before the Tribunal, when- ever asked by it.
Srivastava has said in his plea that even though the Chairman had recused himself when the case of his wife was to be considered, that did not cure the illegality as the whole DPC was one single process and if a close relation of the member of the DPC was under consideration, he should not have participated in the DPC at all.

35 comments:

Anonymous said...

So upto November end the department will be in completely stand still. Daily our Commissioners discussing only about this issue with their batch mates over phone and doing no work as their dreams to become Pr.CIT is dragging for the past 6 months.

Anonymous said...

My Commissioner not at all interested to work now a days due to delay in the Pr.CIT promotion orders. He is saying non gazetted people got all their promotion by hook or crook whereas the IRS till now got only Pr.CCIT promotion.

Anonymous said...

everybody in doll drums brother

Anonymous said...

If our new PM has some more brains then he will scrap this newly and unnecessarily created post of Pr.Cit. "naam bade aur darshan khote ". This is nothing but unnecessary waste of citizens/tax payers hard earned money.

Useless policies.

If they just sit as CITs then as Pr. cits they will sleep.

Anonymous said...

Burden on central exchequer

Anonymous said...

Surprising

-Akhilesh Srivastava
Lucknow

Anonymous said...

It is a right step of the Delhi High court. I feel that there should be stay on the entire Cadre review process.The present CR has created regional imbalances regarding promotion in different posts upto ITOs. The officials of deprived regions are requested to knock the door of the Court.
AKS

Anonymous said...

Only ITO (Hqrs) and their ITIs are working in CIT's Office and most of the CIT's just watching the CNBC TV18 regarding share market, surfing Office internet and English news only. In the morning the CITs call their subordinates and starts banging telling to do this and that. After their subordinates goes out from their room they again starts the above discussed things. Its absolutely waste to give Pr.CIT promotion Mr. Modiji.

Anonymous said...

There is whisper in the IRS circles that an IAS officer may be
posted in CBDT and CBEC Board. source - whisperinthecorridor

Anonymous said...

Aangrez gaye apni aulad chod gaye

Desh ka kya honga. PM Sahab

Anonymous said...

Pr. Cit 05 peon 01 ??????

Anonymous said...

Shriman Modiji...kindly cancel the whole CR promotions...Income-tax doesn't deserve this...you know, there is no requirement of CR because if they must have desserved the CR, it must have implemented long back....so kindly take it back..

Anonymous said...

So sad.

Anonymous said...

PM SAHAB PLEASE POST A YOUNG NON CORRUPT STRAIGHT FORWARD IAS OFFICER AS CBDT CHAIRMAN.

ATLEAST TO SOME EXTENT THIS CHAMCHAGIRI WILL GET REDUCED.

FUNCTIONING OF THE DEPARTMENT WILL ALSO IMPROVE AND MORE TAXES CAN BE COLLECTED.

TENDERING AND BOOT POLISHING SYSTEM FOR PLUM POSTING WILL GET REDUCED.

CORRUPTION WILL BE DRASTICALLY REDUCED.

Anonymous said...

Hon'ble prime minister, this all post are useless and top IRS officers are totally corrupt and they do not work in the office.All the time gossip continue and nothing productive work done by them. so this promotion is required to be stopped.


















































































Anonymous said...

Board must direct Pr.CCIT to stop all DPC IN each cadre
As meainglessly promotions are given but purpose is defeated when no pr cit why ito promotion reverse all and implement it from upward

Anonymous said...

Stop all DPc and revert back

Anonymous said...

IAS should be posted in the Board to control the useless and lazy IRS officers.

Anonymous said...

Absolutely right. The CR which was due in 2011 not cleared till date properly. Now what scope is left. CBDT still not able publish RR. Each n every cadre is fighting with others. Even fighting with thyself. Total anarchy is there. The CR must be withdrawn. The CR has become tool in the hands of CBDT n itef/itgoa etc to fool the other employees n officers.

Anonymous said...

Fantastic absolutely correct

Anonymous said...

IRS means Indian Rendi Service. All officers specially Commissioner and above are extremely opportunist, corrupt to the power infinity and attends office for personal pecuniary gains by whatever means. They are nothing but bootleggers of their superior IRS officers. In my opinion, the department should lead by IPS officers instead of IRS or IAS. Only IPS cadre may retrieve the lost glory of this department from the clutches of these dhandabaaz cadres.

Anonymous said...

only sr.ta work in the office koi bhi kam put up sr.ta are to aur kya grass ukhadege.

Anonymous said...

It is a total injustice that a steno (joined the department in 2009) in the grade pay 2400/- being promoted to the grade ITI 4600/-, though a Sr.T.A.(who joined the department in 2002 and in the grade pay 4200/- since 2009) in the grade pay 4200/- are still waiting for his chance of promotion to the grade of ITI in this CR. It is total violation of our constitution Article 19. It is high time we should unite and file writ peition in the various high court and revert those 2400/- grade pay stenos imediately.

Anonymous said...

Present Chairman going to retire this month end. CBDT will have only 1 member left from 01.11.2014 another will be promoted as Chairman from the existing 2 members left in the board. The rules for appointment for Board Members is pending for Government approval for the past several months. So this year the old jurisdiction is likely to continue till 31.03.2015. IRS top level promotions are locked in various objections raised by the IAS lobby. Down below cadres are locked in various Court cases. Its better to cancel entire C.R and revert all the promotions given till date.

Anonymous said...

N R PARMAR KI JAI

Anonymous said...

For the disparity in NWR com. K.k.N. kutti and Prikshit Vasudeva are responsible. They were the biggest hindrance in issuance of recruitment rules for the post of ITI.

Anonymous said...

In Faizabad charge(Lucknow CCC), SOME inspectors are doing as bill clerk/supervisors/O.S./care taker since last fifteen years and SOME T.A.s are also doing as inspector But it happens for those who are ITEF leaders or are near & dear of union/admin.

Anonymous said...

What about RS Walia n Narwal who are sole responsible for delayed trf orders in every cadre. They are not discharging. Their dutiesas president n Secretary. Out of one is only giving false promises n other is busy collecting .........

Anonymous said...

They made us fools. Their sole motive was to become top leaders. And they are recommended their own near n dears for plum posting n choice stations. They r proved that they r the other side of coin which we r able to see only now. All the union persons r same

Anonymous said...

D. S. Narwal and R. S. Walia
should be shown the place they deserve. They have be fooled the comerades of NWR. Is it right that R. S
Walia has touched the feet of one of the comerade at Rohtak for almost for one hour in full public.

Anonymous said...

Yes he have. Some comrades made video of that event. Both are anti social.

Anonymous said...

Amazing. If this be so, what is the justification of existence of association, I mean ITEF? Central leadership please see & settle the matter with proper negotiations with respective cadre controlling CCIT & of course with members of staff.

Anonymous said...

There is a proverb ! Kaun kahey rani se ke aggey se cover kar ley!

Anonymous said...

These two should be handed over to ISIS

Anonymous said...

Absoulutely right this promotions are waste of public money.Height is person who going to retired wiill get this promotion on the last day of retirement

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