KP Singh loses in CAT
Remember the high-profile former DG, Service Tax Mr. KP. Singh, who in the normal course would have become Chairman of the CBEC, but he could not make it to the Board. Mr. Singh challenged his non-appointment as a Member of the Board when even JMKSekhar an officer two years his junior could make it to the hallowed precincts of the powerful Board.
It is not for the first time that an overlooked Chief Commissioner had approached the CAT on being denied appointment as member of the CBEC. More than six years ago, Mr. SK Choudhary approached the CAT based on a report in TIOL that he had missed the bus. The CAT order in his case started with,
Applicant, S.K. Chaudhury, having known from the Website 'Tax India on Line' that he has been included in recommendations made by Committee of Secretaries (in short, C.O.S.) and subsequently learning that Appointment Committee of Cabinet (in short A.C.C.) has not included his name in the panel for appointment as Member of C.B.E.C.,
TheCAT made him a Member.
A year later Dr. MG Venugopalan successfully approached the CAT and became a Member.
But four years later InderRajSoni was not successful and now the CAT relying heavily on the Soni case held that the Government had every right not to make KP Singh a Member of the Board. CAT had observed that seniority alone cannot be the criterion - reputation about honesty and integrity is one of the relevant considerations.
We will bring you the important CAT judgement tomorrow, where there was a mention of the Wednesbury Principle. What is this?