The Additional Commissioner Of Income Tax v. Dhiraj Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10247 of 2015 =========================================================== 1.Union of India through the Secretary Finance, Ministry of Finance, North Block, New Delhi- 1 Block, New Delhi- 1 2.The Chairman, Central Board of Direct Taxes, New Delhi 3.The Secretary, DOPT, New Delhi 4.The Directorate of Income Tax 5.The Dy. Director of Income Tax (DRD) 6.The Principal Chief Commissioner of Income Tax 7.The Joint Commissioner of Income Tax 8.The Additional Commissioner of Income Tax .... .... Petitioner/s Versus 1.Dhiraj Kumar S/o Shri Gopal Prasad, at present working as Tax Assistant, O/o ITO Ward- 1(1), LNJP, Bhawan, Patna ITO Ward- 1(1), LNJP, Bhawan, Patna 2.Vikash Kumar Sinha, S/o Shri Jagdish Prasad, at present working as Tax Assistant, O/o JCIT, Range 5, LNJP, Bhawan, Patna Assistant, O/o JCIT, Range 5, LNJP, Bhawan, Patna 3.Pradeep Kumar S/o Shri Vijay Choudhary, at present working as Tax Assistant, O/o Principal CCIT (CCA), Patna O/o Principal CCIT (CCA), Patna 4.Dipak Kumar, S/o Late S.S. Prasad, at present working as Tax Assistant, O/o ACIT, Cir- 2, Patna ACIT, Cir- 2, Patna 5.Anjani Kumar S/o Shri Yogendra Kumar Singh, at present working as Tax Assistant, O/o Principal, CCIT (CCA), Patna Assistant, O/o Principal, CCIT (CCA), Patna 6.Dayanand Kumar, S/o Shri Ram Swaroop Das, at present working as Tax Assistant, O/o JCIT, Range- 1, LNJP Bhawan, Patna Assistant, O/o JCIT, Range- 1, LNJP Bhawan, Patna 7.Manish Kumar, S/o Shri Awadesh Prasad, at present working as Tax Assistant, O/o JCIT, Range 5, LNJP, Bhawan, Patna O/o JCIT, Range 5, LNJP, Bhawan, Patna .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. S.D. Sanjay, Addl. Solicitor General of India Mr. Tuhin Shankar, CGC For the Respondent/s : Mr. J.K. Karan, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGHand HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH)Date: 11-01-2016 The present writ petition has been filed by the Union of India being aggrieved by the judgment and order dated 29.012015 passed by the Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as “the Tribunal) in O.A./ 051/00399/2014. 2. Both the sides have appeared and have been heard and with their consent, this writ petition is being disposed of at this stage itself. 3. The Tribunal had merely followed its earlier judgment and order dated 23.01.2015 passed in OA/050/00414/2014 and allowed the original application. 4. We have delivered a separate judgment in C.W.J.C. No. 12515 of 2015 and allowed the said writ petition setting aside the judgment and order dated 23.01.2015 passed by the Tribunal in OA/050/00414/2014 and, accordingly, in the terms of our judgment passed today in the said writ petition, this writ petition is also allowed in the same terms and conditions, as noted therein and the judgment and order dated 29.01.2015 passed by the Tribunal in O.A./ 051/00399/2014 is set aside. (Navaniti Prasad Singh, J.) (Nilu Agrawal, J.) Arjun/ Trivedi