CBEC's Draconian Circular - Yet another High Court Stays Recovery
WRIT petitions are pouring into various High Courts. The Rajasthan High Court at Jodhpur on 21st Januarystayed the recovery.
In this case, the appeal was before the Commissioner (Appeals), which was filed in June 2012, and so far, the learned Commissioner has not taken up even the Stay Petition. Maybe the Board is not aware of the vacancy in the posts of Commissioners (Appeals).
The High Court ordered stay of the recovery till the next date of hearing or the disposal of the Stay Petition by the Commissioner (Appeals). The Court made it clear that pendency of the petition before the High Court would not be an impediment for the Appellate Authority and the petitioner shall be under obligation to attend the hearing if at all fixed by the Appellate Authority. It is also made clear that the petitioner shall be bound by the order of the Appellate Authority and the pendency of the writ petition shall not be an impediment.