Appointment as ITAT Member - Waiting List to RAC?
THE Supreme Court recently directed the Government to consider the appointment of a petitioner who applied for the post of Member ITAT in 2005.
By an advertisement dated 21st January, 2005, 13 posts of Accountant Members and 9 posts of Judicial Members in the Income Tax Appellate Tribunals of the country were advertised.
A Select List of 18 persons, 13 for the post of Accountant Member and 5 for the post of Judicial Member was finalized. There was a waiting list also prepared by the Selection Committee and the petitioner was placed at Serial No.2 of the said Waiting List for appointment as Accountant Member.
It appears that the Select List was approved by the Appointment Committee of the Cabinet (ACC) and 11 vacancies of Accountant Members were filled up whereas 5 vacancies of Judicial Members were also filled up. Two vacancies of Accountant Members remained vacant as the two candidates who were selected were not cleared by the Vigilance. The petitioner who was placed at Serial No. 2 in the Waiting List, therefore, perceived a right to be appointed against one of the vacant posts of Accountant Member.
As appointment was not forthcoming, the petitioner moved the Central Administrative Tribunal, Hyderabad Bench and through several layers of the Judicial System is in the Supreme Court for the second time.
Perseverance pays and the Supreme Court directed consideration of the case of the petitioner for appointment on the basis of his position in the Waiting List against one of the two vacancies that had arisen on account of two of the candidates in the merit list not having been granted the vigilance clearance. This will be done by the concerned Authority within 30 days from the date of receipt of a copy of the order dated 23rd September 2014.