9911796707
TMI Blog2011 (11) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... y. The petitioner, without prejudice to the above contention, would further contend that the ACRs were not liable to be taken into account, unless they had been communicated to the concerned officers, their representations obtained and considered by the competent authority, in terms of the judgment of the Honourable Apex Court in Dev Dutt vs. Union of India (AIR 2008 SC 2513). According to the petitioner, the fourth respondent is junior to him and only based on the incorrect and incomplete information furnished by the official respondents, in the sense the damaging observations made by the Honourable Apex Court against the fourth respondent in Rajiv Ranjan Singh vs. Union of India [W.P.(Crl.)No.197-198 of 2004, dated 21.8.2006 reported in Current Tax Reports (SC) 53] were not placed before the Selection Committee, the Selection Committee proceeded to make its recommendations and the first respondent proceeded to appoint the fourth respondent as Vice President, in supercession of the petitioner. 3. It is also the contention of the petitioner that the post of Vice President ceased to be a promotion/selection post in view of the upgradation of the post of Members to the level of Vice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... merger of both the posts of Members and Vice Presidents w.e.f. 1.1.2006, the post of Vice President ceased to be a promotional post to that of the Member. According to him, prior to 1.1.2006, the vice Presidents and the Members were placed in the pay scales of Rs.24050-26000 and Rs.22400-26000 respectively, however, w.e.f. 1.1.2006, both the posts of Vice President and Members are placed in the same scale of pay i.e. Rs.75500-80000 and hence, the process of selection of Vice Presidents, which was valid till 1.1.2006, was ceased to be valid from 1.1.2006 in view of the merger of both the pay scales and therefore, the Members cannot be subjected to selection process for placing them in the same scale of pay. 10. True, on and from 1.1.2006, the pay scales of both the Members and the Vice Presidents has been fixed as Rs.75500-80000. But, it can only be called as unification of the pay and not the merger of both the posts. Had it been a merger, the post of Member would not have been in existence on and after 1.1.2006. While on the part of the respondents 1 and 2 it has been strenuously argued that though the pay of both the posts is one and the same, the pay band differs, nothing has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at since the post of Vice President carries higher responsibilities, with higher pay band, it is definitely a promotional post from that of the Member. This point is answered accordingly. POINT No.2: 14. From the voluminous materials placed before us, we are able to see that the President of the ITAT has recorded the ACRs. of the petitioner, which were reviewed by the first respondent, as a Reviewing Authority. The gist of the ACRs. from the year 2002-03 to 2007-08 has been placed before us. From the remarks in the ACRs. of the petitioner, it is seen that though he is a hard working and knowledgeable person, he behaves in a rude manner with the colleagues and his rigid tendency and non-adjustable nature has invited many problems, resulting in his frequent transfers. 15. While the Selection Committee met for selection of the Vice President, these ACRs are also seem to have been placed before the Committee. It is but natural that the ACRs of the petitioner, which do not depict the petitioner in a bright light, would have weighed against him. Therefore, an argument has been advanced on the part of the petitioner that the President cannot write his ACRs and in turn, the first respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hesitation to hold that no proper material has been placed before the Honourable Selection Committee to arrive at a just conclusion. 19. In these circumstances, without going into many other aspects urged on behalf of all the parties, we set aside the order of the Tribunal and resultantly, this writ petition entitles to be allowed. Conduct of the petitioner: 20. We are very much pained to see that the entire material on record would depict a gloomy picture about the petitioner that he is arrogant and would always throw to winds the well established judicial conventions. Instances of keeping the matters for writing dissenting orders for months together and fighting with the other Members on silly aspects are some of them. This has very much disturbed us. Personal enmity or difference of opinion, if any between the Judges or the authorities discharging quasijudicial functions, must take a back seat and it is the bounden duty of the Judges to maintain utmost decorum on off the dais. Deviations in this regard by the Judges would result in loss of confidence about the entire judiciary by the Public and the Bar. The allegations made against the petitioner by the respondents that he s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 23. People occupying higher positions in the society and enjoying the respect and benefits attached to such exalted positions at the cost of the taxpayer's money, must adorn the positions in a responsive manner and to be role models for others to follow. Nobody has raised his little finger against the petitioner about his honesty and integrity, but all the allegations are pinpointed towards his arrogant behaviour and ignoring the judicial conventions. All these would force us to direct the petitioner to mend his ways and conduct himself in a dignified manner and follow the established judicial conventions, so as to maintain the decorum on and off the dais. 24. Though the fourth respondent has retired from service on 6.11.2009, after serving as Vice President, since we are of the considered view that sufficient material necessary for determination of the merit of the eligible candidates has not been placed before the Honourable Selection Committee, without going into many other aspects urged on behalf of all the parties, we set aside the order of the Tribunal and allow this writ petition with a request to the Honourable Selection Committee to re-consider the claim of the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
