MADHUMITA ROY Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The subject matter of challenge in the present writ petition is an order dated 9th November, 2016 passed by the Central Administrative Tribunal, Calcutta Bench in original application being OA 350/00979/2016.

(2.) Mr. Dutta, learned senior advocate appearing for the petitioner submits that in response to a notification dated 17th April, 2013 issued by the respondent No.2 for filling up 20 vacant posts of Judicial Members in the Income Tax Appellate Tribunal, the petitioner offered her candidature for a post under the unreserved category by an application dated 4th June, 2013. Upon scrutiny of such application, the petitioner was found eligible. Had the petitioner's application been incomplete, the same could have been rejected at the threshold in terms of clause 11(VI) of the notification dated 17th April, 2013. Thereafter the petitioner was called for an interview on 31st May, 2014 and he duly participated in the same but the final result of such selection was not intimated and as such the petitioner was constrained to approach the learned Tribunal praying for issuance of a direction upon the respondents to immediately complete the selection process and to take a final decision on the petitioner's application. The said original application was admitted and the parties were directed to exchange their affidavits. Pursuant to such direction affidavits were exchanged. The learned Tribunal also directed production of records and upon contested hearing the original application was dismissed on 9th November, 2016 observing that "the applicant did not submit the income tax return for the year 2010-2011".

(3.) Drawing the attention of this Court to the documents annexed at pages 53 and 54 of the writ petition, Mr. Dutta submits that the petitioner duly filed the income tax return for the assessment year 2010-2011 on 31st March, 2011 and also paid the total tax and interest amount of Rs. 10,782/- on 28th March, 2011 and as such the learned Tribunal arrived at an erroneous conclusion that the petitioner did not submit the income tax return for the year 2010-2011.