Central Administrative Tribunal - Hyderabad
P Naresh Kumar vs Principal Chief Commisioner Income Tax ... on 27 June, 2023
CP/58/2020 in OA/680/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH, HYDERABAD
CP No. 58/2020 in OA No.680/2019
HYDERABAD, this the 27th day of June, 2023
Hon'ble Mr. Sudhi Ranjan Mishra, Judicial Member
Hon'ble Mr. B. Anand, Administrative Member
1. P. Naresh Kumar, S/o. P. Pentaiah, Aged about 36 Years,
Occ: Casual Labour, O/o Commissioner of Income Tax (DR),
ITAT, Bench -B, CGO Towers, Kavadiguda, Hyderabad,
R/o.4-8-609, Gowliguda, Near CBS, Nampally, Hyderabad-500 012.
2. G.A. Jalandhar Kumar, S/o.G. Ashaiah, Aged about 37 Years,
Occ: Casual Labour, O/o Commissioner of Income Tax (DR), ITAT,
Bench -B, CGO Towers, Kavadiguda, Hyderabad,
R/o. 5-4-780/16, Bhagwandas Bada, Opp. GPO, Abids,
Nampally, Hyderabad.
3. K. Srilatha, W/o. K. Raju, Aged about 36 years,
Occ: Casual Labour O/o. Additional Commissioner of Income Tax,
Range - 10, A- Block, I.T. Towers, A.C. Guards, Hyderabad,
R/o. H.No. 12-11-1390/42, Sanjay Gandhi Nagar, Boudha Nagar,
Secunderabad - 500 061.
4. K. Siva Krishna, S/o. K. Vekateswarlu, Aged about 27 Years,
Occ: Casual Labour, O/o Commissioner of Income Tax Towers, A.C.
Guards, Hyderabad R/o. D.No.-7-08 B, Racherla Mandal, Palakaveedu
Post, Prakasham District - 523 368.
5. N. Sarvonnatha Rao,, S/o. N Yacob, aged about 31 years,
Occ: Casual Labour, O/o. Joint Commissioner of Income Tax,
Ongole Range, Roshanplaza, Ram Nagar, 8th Line,
Ongole, Prakasam District, R/o. Chintavari Palem Village,
Muthyala Palem, Bapatla, Guntur - 522 101.
6. R. Eswara Rao, S/o. R. Sai Babu, aged about 32 years,
Occ: Casual Labour, O/o. Joint Commissioner of income Tax,
Ongole Range, Roshanplaza, Ram Nagar 8th Line, Ongole,
Prakasam District, R/o. D.No.9-333, Yerrabalem, Mangalagiri,
Guntur District - 522 503.
7. G. Yadagiri S/o. G. Kotaiah, aged about 32 years,
Occ: Casual Labour, O/o. Income Tax Officer (Exemptions),
Principal Commissioner of Income Tax, 4th floor,
Rajkamal Complex, Lakshmipuram Main Road, Guntur,
R/o. 7-16-262/52, 7th Line, 4th Cross Road, Sri Nagar Colony,
Guntur District - 522 004.
8. P. Venkatesh, S/o. P. Krishna, aged about 36 years, Occ: Casual Labour,
O/o. Commissioner of Income Tax (DR), ITAT, A-Bench, CGO Towers,
Kavadiguda, Hyderabad R/o. 1-2-6605/14 Ground Floor, Lower Tank
Bund, Rajaka Colony, Beside Sai Baba Temple, Near Vartha Office,
Hyderabad.
9. Sura Venkat, S/o. Narasaiah, aged about 28 years, Occ: Casual Labour,
O/o. Additional Commissioner of Income tAx, Range-14, 6th floor, 'C'
Block.I.T. Towers, A.C Guards, Hyderabad - 500 004, R/o. 8-3-828/6/A,
Yellareddyguda, Ameerpet, Hyderabad - 500 016.
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CP/58/2020 in OA/680/2019
10. K. Satish Kumar, S/o. K. Venkateswarlu, aged about 37 years,
Occ: Casual Labour, O/o. Additional Commissioner of Income Tax,
Range-15, I.T. Towers, A.C. Guards, Hyderabad, R/o. 4-2-133, Srinivasa
Nagar, Near Patel Timber, Khammam, Telangana - 507 003.
11. B.V.G. Krishna Murthy, S/o. B. Sambasiva Rao, aged about 27 years,
Occ: Casual Labour, O/o. Joint Commissioner of Income Tax, Ongole
Range, Roshanplaza, Ram Nagar 8th Line, Ongole, Prakasam District,
R/o.5-19/2, Addepalli Village, Bhattiprolu, Mandal,
Guntur District - 522 256.
12. G. Hari Babu, S/o. G. Kotaiah, aged about 33 years,
Occ: Casual Labour, O/o. Deputy Commissioner of Income Tax,
Circle - 1(1), Range-1, Central Revenue Buildings, Kannavarithota,
Guntur, R/o. 7-16-262/52, 7th Line, 4th Cross Road, Sri Nagar Colony,
Guntur District - 522 004.
13. M. Rajesh, S/o.M. Pentaiah, Aged about 22 Years,
Occ: Casual Labour, O/o Director of Income Tax(I & CI),
2nd floor, Aayakar Bhavan, Basheerbagh, Hyderabad,
R/o. 12-1-107-b, Kummarwadi, Humayunnagar, Asifnagar,
Hyderabad - 500 001.
14. K. Rajashekar, S/o.K. Narasinga Rao, Aged about 31 Years,
Occ: Casual Labour, O/o Joint Income Tax, TDS Range - 2,
I.T. Towers, A C Guards, Hyderabad, R/o.5-5-155/22/1,
Om Nagar, Darusalam, Nampally, Hyderabad - 500 001.
15. H. Mdhu Mathi, W/o. H. Surya Kumar, aged about 43 years,
Occ: Casual Labour, O/o. Additional Commissioner of Income Tax
(TDS), TDS Range-1,4th floor, B-Block, I.T. Towers, A.C. Guards,
Hyderabad, R/o. H.No.5-2-82, Yapral, J.J.N. Colony, Near Ranganath
Swamy Temple, Secunderabad - 500 087.
16. K. Abhishek, S/o. K. Nagender, aged about 26 years, Occ: Casual Labour
O/o. Commissioner of Income Tax (Exemptions), 2nd floor, Aayakar
Bhavan, Basheerbagh, Hyderabad, R/o. 2-21093//15, Bhagya Nagar,
Pochamma Temple Golnaka, Amberpet, Hyderabad - 500 013.
17. P. Prabhakar, S/o. Narasimha, aged about 31 years, Occ: Casual Labour,
O/o. Principal Commissioner of Income Tax - 7, 3rd floor, C - Block, I.T.
Towers, A.C Guards, Hyderabad, R/o. H.No.18-2-69/1/1C, Railway
Station Road, Jangammet, Falaqnuma - 500 053.
18. G. Vinod Rao, S/o. Vasantha Rao, aged about 28 years, Occ: Casual
Labour, O/o. Commissioner of Income Tax (Appeals-8), 4th floor, A-
Block, I.T. Towers, A.C Guards, Hyderabad,R/o. H.No.8-3-911,
Yellareddy Guda, Ameerpet, Khairatabad, Hyderabad - 500 073.
19. K. Satish Kumar, S/o. K. Raju, aged about 27 years, Occ: Casual Labour,
O/o. Principal Director of Income Tax (Inv), 3rd floor, Aayakar Bhavan,
Basheerbagh, Hyderabad R/o. 2-21093/46, Bhagya Nagar, Tilak Nagar,
Amberpet, Hyderabad.
... Petitioners.
(By Advocate: Mr. AVVS Bhujanga Rao)
Vs.
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CP/58/2020 in OA/680/2019
1. J.B MAHAPATRA,
The Union of India Represented by
The Principle Chief Commission of Income Tax,
Cadre Controlling Authority, Andhra Pradesh & Telangana,
Income Tax Department, Government of India, Ministry of Finance,
Department of Revenue, 10th Floor, C- Block, I.T Towers,
A C Guards, Hyderabad.
2. The Chief Commissioner of Income Tax, Hyderabad,
9th Floor, I.T Towers, A C Guards, Hyderabad.
3. The Chief Commissioner of Income Tax, Vijayawada, SVR
Plaza, 3rd Floor, Near Hotel Sree Square, Moghalrajpuram,
Tikkle Road, 1st Line, Vijayawada, Andhra Pradesh.
4. The Chief Commission of Income Tax, Vishakapatnam,
Dhaba Gardens, Aayakar Bhavan, Vishakapatnam.
... Respondents.
(By Advocate: Mrs. K Rajitha, Sr.PC for CG)
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CP/58/2020 in OA/680/2019
ORAL ORDER
(As per Hon'ble Mr. Sudhi Ranjan Mishra, Judicial Member) Heard Mr. AVVS Bhujanga Rao, learned counsel for the petitioners and Mrs. K Rajitha, learned counsel for the respondents.
2. The CP has been filed for non-implementation of the Orders of this Tribunal dt. 31.07.2019 in OA/680/2019. This Tribunal has passed the following orders in OA on 31.07.2019:
"7(III) Based on the above facts, respondents may examine their request in the context of the directions of this Tribunal in earlier OA cited supra as well as the orders of the superior judicial forums referred to in the OA, pertaining to the relief sought by the applicants, and thereafter issue a speaking and well reasoned order within a period of three months from the date of receipt of a copy of this order. However, this would not preclude the respondents in taking available legal steps in accordance with law, if the averments made by the applicants in the OA are not correct."
3. The petitioners' counsel has approached this Bench stating that, in response to the order of this Tribunal dt. 31.07.2019, the respondents have issued a detailed speaking order dt. 07.04.2021 rejecting the request of the applicants, after filing this CP, and it amounts to contempt of the directions of this Tribunal. To this, the respondents' counsel has submitted that the Tribunal's Order dt. 31.07.2019 was passed by quoting precedents of similarly placed persons in Central Excise Department and Income Tax Department of other courts, without taking into consideration the written submissions of the respondents. The respondents' counsel has further stated that the conditions governing these applicants are different from the other applicants, who had approached other courts and obtained favorable orders. Therefore, taking into consideration Pg. 4 of 5 CP/58/2020 in OA/680/2019 both the DoPT's instructions as well as various court judgments, including the Hon'ble Supreme Court, the respondents have passed a detailed speaking order, rejecting the claim of the applicants for grant of temporary status.
4. The petitioners' counsel has stated that the review submitted by the respondents has also been rejected by the Hon'ble High Court as well as the Hon'ble Supreme Court and, as a consequence thereof, this Tribunal's Order dt. 31.07.2019 was passed. The respondents' counsel has stated that there are matters pending before the Hon'ble High Court and, for the limited purpose of deciding whether there is contempt of this Tribunal's Order dt. 31.07.2019 or not, the respondents have issued speaking and well reasoned order. Therefore, there is no contempt as such. Further, it is a different matter that the respondents have not considered the request of the applicants for grant of temporary status.
5. Having heard both the counsel, this Tribunal is of the view that there is no contempt committed against the orders of this Tribunal dt. 31.07.2019. Accordingly, the CP is closed with liberty to the applicants to file a fresh OA challenging the Speaking Orders dt. 07.04.2021 passed by the respondents.
(B. ANAND) (SUDHI RANJAN MISHRA)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
/Ram/
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