RATAN KUMAR CHOUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Anil Kumar Sinha, Sr. Advocate assisted by Mr. M.A. Khan, learned counsels for the petitioner and Mr. Deepak Roshan, learned counsel appearing for respondents.

(2.) The petitioner has challenged the order dated 07.07.2015, passed by Central Administrative Tribunal, Circuit Bench at Ranchi in O.A. No. 051/00072/ 15 whereby the learned Tribunal has been pleased to decline to pass direction to grant him promotion on the post of Income Tax Officer. Further prayer has been made for quashing the order dated 24.01.2012 whereby it has been presumed by the respondents that the petitioner has appeared 12th times though he has attempted for 8 times and finally in 2011 he qualified the same but the respondents have declared him as fail. Petitioner has further prayed for a direction to promote the petitioner to the post of Income Tax Officer pursuant to his qualification in the examination of 2011 with all consequential benefits from the date of publication of result and promotion order.

(3.) The factual exposition as has been delineated in the writ petition is that the petitioner joined the organisation of the respondents on 16.08.1984 as an Upper Division Clerk. Subsequently, he was promoted as Income Tax Assistant in the year 1993 and further to the post of Income Tax Inspector in the year 2001 and since then he is rendering his service as such with an unblemish career record. Thereafter, to meet the channel of next promotion as Income Tax Officer, the petitioner applied for the departmental examination held for the same in the year 2011. The forms were duly verified and scrutinised by the competent authorities and the petitioner appeared and duly qualified in the examination in the year 2011 itself. However, to utter surprise of the petitioner, he was shown as 'fail' in the said examination by awarding 'zero' marks on the alleged ground that he had already availed 12 chances in the earlier examinations.