Wp/24177/2014 Of Director Of Income Tax v. G. Maruthi Prasad

THE HON’BLE SRI JUSTICE K.C. BHANUANDTHE HON’BLE MRS JUSTICE ANIS WRIT PETITIONNo.24177 OF 2014 ORDER:(perHon’ble SriJustice K.C.Bhanu) This Writ Petition is filed under Article 226 of theConstitution of India to call for the records in M.A.No.386 of 2014in O.A.No.020/00557 of 2014 on the file of the CentralAdministrative Tribunal, Hyderabad Bench, Hyderabad (for short,‘the Tribunal’) and declare the order, dated 12.06.2014, passed inthe above Miscellaneous Application by the Tribunal as illegal andarbitrary and quash the same. 2. Heard the learned counsel for the petitioners and therespondents. 3. Admittedly, the petitioners filed a petition to vacate theinterim order suspending the Memorandum F.No.CCAP/2(9)(a)Estt/2014-15, dated 09.06.2014. But, here it is a peculiar case,where promotions to 148 persons have been stalled by thisimpugned order. Memorandum, dated 09.06.2014, by whichpromotions were given, was suspended without there being anychallenge to same. 4. Though it is contended by the learned counsel for therespondents that the proceedings have been issued by petitionerNo.4 by disregarding the order of the Tribunal, but at the sametime, as on today that order has not been under challenge. Without there being a challenge to the promotion order, thepromotions to 148 persons have been stalled. Thereby, the Tribunal has violated the principles of natural justice withoutimpleading 148 persons, who have been affected by the order. Hence, the impugned order is liable to be set aside. 5. Further, in the normal circumstances, we do not entertainthe writ petition because the petitioners cannot be permitted toprosecute two parallel proceedings in respect of the same causeof action. 6. Accordingly, the Writ Petition is allowed setting aside theimpugned order and the Tribunal is requested to dispose of theOriginal Application on merits in accordance with law within aperiod of two (02) weeks from the date of receipt of a copy of thisorder. There shall be no order as to costs. MiscellaneousPetitions, if any, pending in this writ petition shall stand closed. _______________________ JUSTICE K.C. BHANU ___________ JUSTICE ANIS