Wp(C)/31760/2022 Of S.sarath v. The Principal Chief Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 12 DAY OF OCTOBER 2022 / 20TH ASWINA, 1944 WP(C) NO. 31760 OF 2022 PETITIONER: S.SARATHAGED 51 YEARSS/O.K.SASIDHARAN PILLAI, HOUSE NO.307, SREEVATSAM, PTP NAGAR, PTP NAGAR PO., THIRUVANANTHAPURAM DISTRICT - 695 038. BY ADVS.THOMAS ABRAHAM (NILACKAPPILLIL)(K/857/2011)ARUN TOM PHILIP RESPONDENTS: 1THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAXKERALA, AAYKAR BHAVAN, IS PRESS ROAD, ERNAKULAM - 682 018. 2THE ADDITIONAL DIRECTOR GENERAL OF INCOME TAX, (VIG) (SOUTH)(CBDT), CHENNAI, ANNEX BUILDING, 8TH FLOOR, 121, MG ROAD, NUNGAMBAKKAM, CHENNAI – 600034(CBDT), CHENNAI, ANNEX BUILDING, 8TH FLOOR, 121, MG ROAD, NUNGAMBAKKAM, CHENNAI – 600034 *(ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 12.10.2022 IN IA NO.1 OF 2022 IN W.P.(C.)NO.31760 OF 2022 BY ADV. MANU S., DSGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 12[th] day of October, 2022 The petitioner is an Income Tax Officer, presently working at Alappuzha. Petitioner is an accused incriminal cases pending before the Court of the SpecialJudge (SPE/CBI), Thiruvananthapuram and the Courtof the Judicial First Class Magistrate-II, Nedumangad.As the petitioner has to go abroad, he applied to thejurisdictional courts and obtained Exts.P4 to P6 ordersexpressing no objection in renewing his passport forone year. Accordingly, the petitioner submittedExts.P2 and P3 before the respondents praying forissuance of NOC for the purpose of renewal of hispassport. This writ petition is filed, aggrieved by thedelay in taking a decision on the above requests. 2. Heard the learned Counsel for the petitionerand learned Central Government Counsel. 3. Considering that the competent courts havepermitted the petitioner to get his passport renewed,as also the Office Memo F.No 11012/7/2017-Estt.A-III WP(C) NO.31760 OF 2022 dated 18.02.2020, as per which vigilance clearancecan be withheld only if the officer is under suspensionor if the charge sheet has been filed before thecompetent court, it is only appropriate for therespondents to consider the request made by thepetitioner expeditiously. The writ petition is accordingly disposed of,directing the second respondent to consider Exts.P2and P3 and take a decision thereon, as expeditiouslyas possible and at any rate within one week. The shorttime limit is stipulated since learned Counsel for thepetitioner submitted that the petitioner has toaccompany his daughter and reach U.A.E. by01.11.2022. NB/12-10 Sd/- V.G.ARUNJUDGE APPENDIX OF WP(C) 31760/2022 PETITIONER’S EXHIBITS RESPONDENTS’ EXHIBITS: NIL TRUE COPYP.A. TO JUDGE