R.P. TOLANI Vs. UOI

JUDGEMENT

(1.) The present judgment disposes two writ petitions which impugn the order of the Central Administrative Tribunal ("CAT") dated 28.10.2010, dismissing OA No. 2839/2009 and OA No. 526/2010. The challenge in both the Original Applications stems from the selection process for three posts of the Vice-President of the Income Tax Appellate Tribunal ("ITAT"), in which both Petitioners were not selected.

(2.) Briefly, the facts in this case are that the petitioner in WP(C) 8369/2010, (referred to as "Tolani") was selected as a Judicial Member of the ITAT on 9.2.1998 and Mr. S.K. Yadav (hereafter "Yadav") was selected on 21.3.1998 (after undergoing a two years probationary period from 21.3.1996). The grievance in both cases arises from an order of the Central Government, dated 23.11.2009 appointing four members of the ITAT as Vice-Presidents, allegedly overlooking the two petitioners. Those appointed were K.L. Karwa, Judicial Member (Lucknow), O.K. Narayanan, Accountant Member (Ahmedabad), Bhartvaja Shankar (Chandigarh) and G.C. Gupta, Judicial Member (Hyderabad) all referred to hereafter collectively as "the private respondents". Subsequently, after receiving the minutes of the meetings of the Selection Committee on 5.9.2009 and 9.9.2009, and in view of the proposal to appoint Shri D.K. Tyagi as a Vice- President of the ITAT, the grievance was again made by the petitioners.

(3.) The conditions of service and rules applicable to ITAT members are prescribed by the Income-Tax Appellate Tribunal Members (Recruitment and Conditions of Service Rules), 1963 (hereinafter "the Service Rules"), made by the President under the proviso to Article 309 of the Constitution. Rule 8 classifies the post of a Vice-President as a Group 'A' Gazetted Post. The Rules prescribe four types of members: Members (either Judicial or Accountant), Vice-Presidents, Senior Vice-President and President.