PRESIDENT INCOME TAX APPELLATE TRIBUNAL Vs. A KALYANASUNDARAM

JUDGEMENT

(1.) THIS writ petition has been filed praying for quashing of the order of the Central Administrative Tribunal, Madras Bench dated 30. 06. 2005 in O. A. No. 140/2005.

(2.) HEARD Mr. P. P. Malhotra, learned Additional Solicitor general of India for the petitioner. None has appeared for the first respondent, although the name of his counsel has been shown in the cause list. Since to-days date was fixed as agreed between counsels for the parties we are not inclined to adjourn the case.

(3.) IN Ajay Gandhi v. B. Singh, (2004) 2 SCC 120, the supreme Court observed (vide paragraph 21) that postings to different Benches shall be done by the President. It was also mentioned therein that save and except for sufficient and cogent reasons a member should not be posted at a place for more than five years. Respondent No. 1 has been posted at Chennai for more than four years, and hence also, in our opinion, the Central administrative Tribunal should not have interfered with the transfer order. At any event today he has almost completed five years in Chennai, and hence has no justification to continue any further.