SRIVASTAVA Vs. UOI

JUDGEMENT

(1.) RAJIV SAHAI ENDLAW, J.

(2.) THE petition impugns the order dated 23.11.2011 of the Central Administrative Tribunal (CAT), Principal Bench, Delhi dismissing O.A. No.2600/2011 preferred by the petitioner. THE said O.A. was preferred challenging the order dated 14.07.2011 vide which the petitioner, an Indian Revenue Service (IRS) Officer of 1987 batch, was posted on promotion and transfer as Commissioner of Income Tax (CIT) (Appeal), Ranchi. THE Tribunal vide ex parte order dated 20.07.2011, while issuing notice of the O.A., had directed that the transfer order be not given effect to. While finally dismissing the O.A. vide impugned order dated 23.11.2011, the said interim order was vacated.

(3.) THE case of the petitioner is, that his performance has generally been rated as outstanding and very good; that because of his opposition to corruption and moral depravity in the Income Tax Department and because of his having detected and reported theft of public money and public revenue in excess of `10,000/- crores by corrupt and morally deprived IRS Officers, he has been targeted and impleaded in false and mischievous cases; that in the year 1999, he was posted as Deputy Commissioner at Delhi and subsequently promoted as Joint CIT and Additional CIT and retained at Delhi; that in the year 2007, he was placed under suspension and owing whereto the recommendations of the DPC held on 30.03.2007 qua him were placed in the sealed cover; that the order of suspension challenged by filing O.A. No.3661/2009 was set aside vide order dated 31.05.2010 therein for the reason of having been continued without substantial progress in the inquiry; that the sealed cover aforesaid was opened and the petitioner was ordered by the Appointment Committee of the Cabinet to be promoted to the rank of Commissioner of Income Tax with effect from 28.08.2007 i.e. the date of promotion of his junior with consequential benefits; however he was not so promoted and posted; that the Tribunal vide order dated 19.11.2010 in O.A. No.271/2010 directed the respondents to issue his posting and promotion orders on the basis of option already given by him; that the said order was also not complied with and on notice being issued in contempt proceedings initiated by him, he was on 11.05.2011 promoted as Commissioner of Income Tax and posted in Delhi; that owing to the same, the contempt proceedings were discharged; however on 14.07.2011 he was arbitrarily transferred to Ranchi.