Calcutta High Court (Appellete Side)
Rahul Kumar Choudhary & Anr vs Union Of India & Ors on 3 November, 2021
Author: Jay Sengupta
Bench: Jay Sengupta
03.11.2021.
Item No. 16
Ct. No. 07
AB & PG
W.P.A. 17472 of 2021
r
Rahul Kumar Choudhary & Anr.
Vs.
Union of India & Ors.
Mr. Kallol Basu
Ms. Rituparna De Ghose
Mr. Suman Banerjee
Mr. Siddhartha Paul.......for the petitioners
Ms. Susmita Saha Dutta....for the Union of India
Mr. Abhratosh Majumder
Mr. Barun Chatterjee......for the added respondents/
intervener This is an application seeking promotion to the post of Income Tax Officer as per the existing seniority list published on 15.02.2016 following the DoPT circular as well as the order of the learned Central Administrative Tribunal dated 01.10.2021.
Learned Senior Counsel appearing on behalf of the petitioners submits as follows. The petitioners are the officers of the Income Tax Department, who are entitled to promotion as per the existing seniority list and an order of the learned Central Administrative Tribunal dated 01.10.2021. Subsequently, the Department intended to prepare a fresh seniority list. But, the same will adversely affect the rights of the petitioners. In utter haste, the Income Tax Department has proceeded to prepare a fresh seniority list. By a circular dated 2 27.10.2021, it was directed that representations, if any, in connection with the tentative seniority list may be submitted by the individuals concerned with supporting documents within seven days from the date of publication of the tentative list i.e., by 2 p.m. on 03.11.2021. It was also clarified that the seniority list was subject to the modification sought by the office on certain aspects of the operative portion of the order dated 01.10.2021 passed by the learned Central Administrative Tribunal and any other judicial pronouncements. Reliance is placed on a subsequent circular of the Department dated 01.11.2021, inter alia, holding that the representations in question should be received in the office of the Income Tax Authorities by 2 p.m. on Wednesday (03.11.2021) and otherwise, the same shall not be taken into consideration. It is submitted that by passing such subsequent circular, the Department has done away with its earlier concession that the seniority list in question was subject to the modification sought by the office on certain aspects of the operative portion of the order of the learned Central Administrative Tribunal. It is submitted that if the tentative list is published today, the same will irreparably harm and prejudice the petitioners. It is also germane to mention that the present application has been moved before this Court as the Bench of the learned Central Administrative Tribunal, Calcutta was not functional and no application could 3 have been moved before the Principal Bench even in terms of Rule 6 (1) of CAT Procedure Rules, 1987.
Learned Senior Counsel appearing on behalf of Satyabrata Pramanick, Debdutta Goswami, Sankar Das and Mallinath Datta submits that his clients ought to have been made a party in this application as they were parties in the proceeding before the learned Tribunal. Vakalatnama filed on their behalf is taken on record.
Learned Senior Counsel appearing for the intervening incumbents to the post further submits as follows. Section 6 of the aforesaid Rules makes it abundantly clear that when a particular Bench is not functioning, an application may be filed before the Principal Bench. As such, the present application is not maintainable. Moreover, the application filed by the petitioners is premature as they have ample opportunity to challenge any tentative seniority list if the same is at all published. The subsequent circular as referred to by the petitioners does not at all militate against the earlier circular passed by the Department dated 27.10.2021. Furthermore, the portion that interests the petitioners most that the seniority list was subject to the modification sought by the office on certain aspect of the operative portion of the learned Central Administrative Tribunal's order has not even been interfered with by the subsequent notification.
4
Learned Counsel appearing on behalf of the Income Tax Authorities adopts the submissions of the learned Senior counsel appearing on behalf of the added parties and submits as follows. The Central Administrative Tribunal at Calcutta will start functioning from Monday i.e. on 08.11.2021. In any event, the petitioners could have filed an application before the Principal Bench.
I have heard the submissions of the learned Counsels for the added parties and have perused the application and the copy of the circular dated 01.11.2021 filed by the petitioners, which has been taken on record.
It could be true that the Department has moved in some haste in trying to prepare a tentative seniority list. However, even if such a list is published, the petitioners would have ample opportunity to challenge the same.
However, so far as the present application and the relief sought are concerned, the same may be decided regardless of any step that may be taken by the Income Tax Authorities on 03.11.2021 regarding publication of the tentative seniority list.
Let this matter appear before the Regular Bench on 08.11.2021.
The parties shall be at liberty to file relevant documents on affidavits advance copies of which may be served on the other side.
The outcome of this application would determine the action taken by the Income Tax Authorities in 5 publishing any such tentative seniority list. The question of maintainability of the application is also kept open.
Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
(Jay Sengupta, J.)