Kerala High Court
Union Of India vs R.Sreedharan on 21 June, 2011
Author: C.T.Ravikumar
Bench: Thottathil B.Radhakrishnan, C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
MONDAY, THE 6TH DAY OF FEBRUARY 2012/17TH MAGHA 1933
OPCAT.No. 402 of 2012 (Z)
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M.A.NO.46/2012 IN OA.452/2011 of CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH
...................
PETITIONER(S):MISCELLANEOUS APPLICANTS/RESPONDENTS:
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1. UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NEW DELHI.
2. THE CENTRAL BOARD OF DIRECT TAXES,
DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI,
REPRESENTED BY ITS SECRETARY.
3. THE CHAIRMAN
CENTRAL BOARD OF DIRECT TAXES,
DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI.
4. THE CHIEF COMMISSIONER OF INCOME TAX,
C.R.BUILDINGS, I.S PRESS ROAD, ERNAKULAM,
KOCHI-682 018.
BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
RESPONDENT(S):RESPONDENT/APPLICANT:
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R.SREEDHARAN,
ASSISTANT COMMISSIONER OF INCOME TAX (RETIRED)
BABY COTTAGE, RICE RESEARCH ROAD, PONNURUNNY,
VYTTILA (PO), ERNAKULAM, KOCHI-682 019.
BY ADV. SRI. K.M.V.PANDALAI
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 06-02-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
OP(CAT)NO.402/2012 Z
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1- TRUE COPY OF THE ORDER PASSED BY THE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN
OA NO.452 OF 2011 DATED 21.6.2011.
EXHIBIT P2- TRUE COPY OF THE LETTER ISSUED BY THE DIRECTOR
GENERAL OF INCOME TAX (VIGILANCE) DATED 5.12.2011.
EXHIBIT P3- TRUE COPY OF THE ORDER PASSED BY THE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN
M.A.NO.843/2011 IN O.A.NO.452 OF 2011 DATED 12.10.2011.
EXHIBIT P4- TRUE COPY OF THE MISCELLANEOUS APPLICATION
NO.46 OF 2012 DATED 30.12.2011.
EXHIBIT P5- TRUE COPY OF THE ORDER PASSED BY THE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN
M.A.NO.46/2011 IN O.A NO.452 OF 2011 DATED 13.1.2012.
RESPONDENTS' EXHIBITS: N I L
/TRUE COPY/
P.S.TO JUDGE
Kss
THOTTATHIL B. RADHAKRISHNAN &
C.T.RAVIKUMAR, JJ.
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O.P.(CAT)No.402 of 2012
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Dated this the 6th day of February, 2012
JUDGMENT
Thottathil B.Radhakrishnan, J.
Heard learned counsel for petitioners and the learned counsel for the respondent.
2. Having considered the entire gamut of facts and sequence of events, we do not find any ground of jurisdictional infirmity or illegality warranting interference with Ext.P5 order whereby the Central Administrative Tribunal has, for reasons recorded by it, refused to enlarge time for completion of disciplinary action against the respondent. The excuse that the file is lying in the office of the CVC is not being considered by us in detail further because different proceedings can still come up before the Tribunal in connection with the order passed on the original application from which this original petition arises, having found no jurisdictional infirmity or illegality in the order impugned.
In the result, this original petition is dismissed.
Sd/-
THOTTATHIL B. RADHAKRISHNAN Judge Sd/-
C.T.RAVIKUMAR Judge TKS/6.2.2012