UNION OF INDIA Vs. ASHOK KUMAR

JUDGEMENT

(1.) The petitioner/Union of India is aggrieved by the judgment dated 16.02017, passed by the Central Administrative Tribunal allowing O.A. No.4141/2015, filed by the respondent herein, who is presently working on the post of Additional Commissioner in the Income Tax, Department of Revenue, Ministry of Finance, praying inter alia for issuing directions to the respondent/UOI to promote him to the post of Commissioner, Income Tax in terms of the promotion order dated 16.09.2015, with effect from the date when his juniors were promoted, with all consequential benefits.

(2.) The facts of the case as emerge from the records are that on 05.09.1993, the respondent had joined service as an Assistant Commissioner of Income Tax and had earned promotions from time to time, up to the rank of Additional Commissioner of Income Tax. On 25.11.2010, RC No.0102010A0036 was registered against the respondent under Section 13(2) read with Section 13(1)(e) of Prevention of Corruption Act, 1988, and Section 109 IPC by CBI, ACB, Kolkata. On the conclusion of the investigation, CBI had filed a final closure report dated 29.12013, under Section 173 CrPC before the court of the Special Judge, Kolkata seeking closure of the investigation on the ground that same did not reveal sufficient evidence for substantiating the allegation of possession of disproportionate assets by the respondent. Vide order dated 103.2014, the learned Special Judge had accepted the report submitted by the CBI for closing the investigation.

(3.) In the year 2015, a DPC was constituted to consider promotions of eligible officers to the post of Commissioner of Income Tax (CIT), for the vacancy year 2014-15. A meeting of the DPC was held on 05.06.2015, wherein the name of the respondent along with his batch mates was considered and he was found fit. The proposal of the DPC for granting promotion to the respondent and the other officers was forwarded to the DOPT for obtaining the approval of the Appointments Committee of the Cabinet (ACC). While conveying the approval of the ACC in respect of the recommendations made in the DPC held on 05.06.2015, the DOPT had intimated the Department that the ACC had directed it to expedite taking a decision on the pending complaints against the respondent along with six other officers and re-submit their cases for consideration of the ACC at the earliest.