U.O.I Vs. AJIT KUMAR SINGH

JUDGEMENT

(1.) THE present writ petition is filed by the petitioners challenging the order dated April 20, 2010 passed by the Central Administrative Tribunal in Original Application No.1000/2009, whereby the Tribunal has allowed the said Original Application and set aside the charge-sheet, including order of appointment of Inquiry Officer and the order dated February 27, 2009 whereby the respondent No.1 was transferred from Range No.17 to ITAT.

(2.) THE respondent No.1 is an Indian Revenue Service Officer. At present he is working as Additional Commissioner of Income Tax. A memorandum dated October 20, 2008 was issued to him wherein 5 Articles of Charges were framed against him.

(3.) THE respondent No.1 submitted his reply to the charge-sheet vide his letter dated November 07, 2008. In the said letter the respondent No.1 had stated that to enable him to prepare a written statement of defence, inspection of all the documents referred to and relied upon in the charge-sheet be given to him. The same was followed by further letters dated January 06, 2009, January 12, 2009 and January 20, 2009. Suffice would it be to state that the requirement under the rules is that a charged officer is required to deny or admit the charge(s) on receipt of the charge-sheet. Be that as it may the Inquiry Officer was appointed on January 20, 2009. After a period of one month, the petitioners vide order dated February 27, 2009 transferred the respondent No.1 to the Income Tax Appellate Tribunal.