Wria/643/2023 Of Raj Narayan Agrahari v. Principal Chief Commissioner Of Income Tax And Another

Case :- WRIT - A No. - 643 of 2023 Petitioner :- Raj Narayan AgrahariRespondent :- Principal Chief Commissioner Of Income Tax And AnotherCounsel for Petitioner :- Amitabh AgarwalCounsel for Respondent :- Gaurav Mahajan Hon'ble Jaspreet Singh,J. heard Shri Amitabh Agarwal, learned counsel forthe petitioner and Shri Gaurav Mahajan alongwithShri Manu Ghildyal, learned counsel for therespondents. By means of the instant petition, the petitionerprays for the following relief:- "(1) Issue a writ, order or direction in the nature of certiorariquashing the office memorandum dated 23.10.2020 bearingReferenceNo.F.No.Pr.CC/Lko/HC/WP/RNAgrahari/2021-22/4580 dated 30.08.2022 together with the Final GradationList of Income Tax Inspectors as on 01.01.2020 approved on23.10.2020 passed by the respondent no.1 communicated to thepetitioner on 05.09.2022 whereby the petitioner has wronglyand illegally been placed at Serial No.213 at Internal PageNo.9 of the aforesaid list." Learned counsel appearing for the respondentsShri Mahajan has raised preliminary objectionregarding maintainability of the petition on theground that the order under challenge is assailablebefore the Central Administrative Tribunal and inlight of the availability of the statutory remedy,the instant petition may not be entertained. Learned counsel for the petitioner after making hissubmissions at some length submits that he maybe permitted to withdraw the petition with libertyto 1le the petition before the CentralAdministrative Tribunal within a week. However,indulgence has been sought to the limited extentthat in case if the petition 1les the said applicationbefore the Central Administrative Tribunal, thesame may be expedited, to which counsel for therespondents has no objection. Considering the aforesaid, the petition is dismissedas withdrawn with liberty to approach the CentralAdministrative Tribunal and in case if the petitioner1les the petition before Central AdministrativeTribunal within a period of ten days from today,the Central Administrative Tribunal shallendeavour to decide expeditiously preferablywithin a period of eight month after a3ording fullopportunity of hearing to the parties but withoutgranting any unnecessary adjournments. With the aforesaid, the petition stands dismissed. Order Date :- 10.2.2023ank