IRS Officer's plea for promotion as Commissioner - Review ordered by CAT
IT is the case of the applicant that despite having been recommended for promotion by the Departmental Promotion Committee (DPC) which met on 5th and 6th November, 2002 and recommended the applicant along with others for promotion to the post of Commissioner of Income Tax (CIT) which was approved by the Appointment Committee of the Cabinet (ACC) on 18.02.2003, he was not promoted to the post of Commissioner of Income Tax (CIT) but his juniors were promoted w.e.f. 30.04.2003. The reason for his non-promotion was that he was placed under suspension vide order dated 04.04.2003 following a raid conducted by the CBI on 21.03.2003 in his residence. Consequently, a FIR was registered against him alleging that he was in possession of disproportionate assets. The applicant's case is that the lawful assets of his relatives who are working and have independent sources of income have been included in his assets.
The CAT directed the Competent Appointing Authority to take the first review of the applicant's case to decide whether applicant's ad hoc promotion to the grade of CIT as on 05.09.2007 would be against the public interest as per paragraph 5 and 5.1 of the DOP& TOM dated 14.09.1992. In case he is found suitable as per OM dated 14.09.1992, the same shall be placed before a special DPC to be convened and if found fit, he shall be accorded ad hoc promotion with effect from that date with all consequential benefits. In case he is found not fit, the Competent Appointing Authority is to pass a reasoned order. It is further provided that thereafter, six monthly review should be taken up to till date, and on each event of six monthly review, if he is not extended ad hoc promotion, a specific order should be passed as to on what grounds the applicant has not been found suitable for ad hoc promotion to the grade of CIT. At any point of time he is found to be fit for ad hoc promotion to the CIT grade the same shall be extended to the applicant.