TIOL-DDT 1479 · Tuesday, 2 November 2010 · story 5 of 8

No OBC Reservation for appointment of ITAT Vice-President - CAT

TWO Hon'ble Members of the Income Tax Appellate Tribunal (ITAT) have approached the Central Administrative Tribunal (CAT) against the selection process for appointment of Vice-President of the ITAT. Grievance of one Member is that he was superseded and his junior is being appointed VP and the grievance of the other Member is that there should be reservation for Other Backward Classes and he belonging to OBC should have been considered.

The CAT was not impressed with both the pleas.

The Tribunal held that Merit-based promotions would inherently involve the element of supersession and that a citizen must have faith in the system rather than crying foul when he has not been able to make it on merits.

Recently a former CESTAT Member wrote that he was overlooked thrice for the post of Vice-President of CESTAT between 1999 and 2004 – though he was eminently qualified!

Maybe the advocates of seniority have a point. When appointments and promotions are strictly by seniority, there is no chance of arbitrariness and in any case, if somebody is good enough to be a Member what prevents him from being good enough to be a Vice- President, a post which carries the same pay as that of the Member?

Please Click Here for the Judgement of CAT.