Spat between Members of ITAT Chandigarh Bench - CAT unhappy with acrimony between Members
DIFFERENT bunches of identical appeals were assigned to different combination of Benches. A particular bunch was heard by a Bench consisting of the applicant and Judicial Member (complainant) on 3/4.11.2011. Applicant being part of another Bench with a different Member heard the other bunch on 22.11.2011. Since the first bunch was allotted to Judicial Member for dictation, she prepared a draft on 4.11.2011 and forwarded it to the applicant who retained it till 30.12.2011 and thereafter, returned it to her with an endorsement that the other Bench consisting of the applicant and another Member had taken a contrary view in the course of their decision announced on 26.12.2011.
A complaint was made to the Competent Authority against the applicant and an enquiry was conducted by a Senior Vice President of ITAT who without providing any opportunity of hearing the applicant, indicted the applicant and submitted a report. This report was considered by the Collegium consisting of the President, ITAT, Senior Vice President (who conducted the enquiry) and another Vice President which recommended transfer of the applicant from Chandigarh Bench to Rajkot Bench. This transfer order was challenged in CAT on the ground that it was malafide, punitive and based on an enquiry report which was biased and violated principles of natural justice.
After considering the entire factual matrix, CAT observed that the wisdom of the Collegium which recommended the transfer order cannot be faulted in as much as the applicant cannot be said to be free from blame as he violated the Conventions issued by the Competent Authority while disposing of cases where Members disagreed with each other. Expressing concern over the acrimony between Members, the CAT observed that competent authority may consider the feasibility of doing something more in the context of establishing appropriate ambience at the local Bench of the ITAT in the light of the facts available with the Competent authority itself.