IRS Officer's Contempt Petition against Revenue Secretary
THE Supreme Court on Friday decided a Contempt Petition filed by an IRS (Income Tax) officer against the Revenue Secretary, complaining that the respondents have wilfully disobeyed the order of the Court dated 22nd November, 2013 and, therefore, prayed that the respondents be punished for contempt and also direct the respondents to implement the judgment of the Court.
The IRS Officer was kept under suspension on certain allegations of misconduct on 28.12.1999. On the basis of the said allegations, criminal cases are also pending against the applicant. In view of the pendency of the criminal proceedings, the applicant's suspension continued for a long period. Eventually, the applicant challenged two orders dated 12.1.2012 and 3.2.2012 by which his suspension was continued in O.A. No. 495 of 2012 on the file of the Central Administrative Tribunal, Principal Bench, New Delhi. By its order dated 1.6.2012, the Tribunal allowed the above mentioned O.A.
Aggrieved by the said order, the respondent preferred the writ petition before the Delhi High Court which was dismissed in limine by a judgment dated 17.9.2012. Not satisfied with the said judgment, the respondents approached the Supreme Court which by its judgment dated 22.11.2013 dismissed the said appeal.
The grievance of the petitioner in the contempt petition is that though he succeeded in O.A. No. 495 of 2012 which order was confirmed both by the High Court as well as by the Supreme Court, the respondents have not given him "legally admissible consequential benefits" as directed in the Order of the Administrative Tribunal.
According to the petitioner, the "legally admissible consequential benefits" are two -
(1) in view of the fact that the Tribunal quashed the orders of extension of the suspension of the petitioner dated 12.1.2012 and 3.2.2012, the petitioner is entitled for the salary and other allowances applicable to his office with effect from 12.1.2012;
(2) the petitioner is entitled to be considered for promotion to the next higher post in view of the fact that during the long pendency of his suspension, many officers junior to him in service had been promoted.
The Government informed the Court that pursuant to the directions of the Tribunal as confirmed up to this court, the petitioner was reinstated into service. He was relieved from his original posting at Delhi and was given a posting to West Bengal CCA by an Order dated 10th January, 2014. Consequent upon which, the petitioner was relieved from his earlier posting. The order relieving him had been duly served on him on 16th January, 2014. Petitioner did not choose to report at the newly posted station instead chose to challenge the posting order in a fresh O.A. No. 178 of 2014 before the Central Administrative Tribunal, Delhi and obtained ex-parte orders of status quo on the misrepresentation that he had still not been relieved from Delhi CCA.
The Supreme Court held that he is entitled to salary and other allowances with effect from 12.1.2012 to 10.1.2014. Regarding the question of promotion, the Supreme Court held that the question cannot be properly the subject matter of the contempt petition. If the petitioner has any grievance, he is entitled to approach the appropriate forum seeking such relief as he is entitled in law.
The relief that the IRS officer got from the Supreme Court is salary for two years.
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