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TMI Blog2018 (4) TMI 1563X X X X Extracts X X X X X X X X Extracts X X X X ..... ner, Income Tax in terms of the promotion order dated 16.09.2015, with effect from the date when his juniors were promoted, with all consequential benefits. 2. The facts of the case as emerge from the records are that on 05.09.1993, the respondent had joined service as an Assistant Commissioner of Income Tax and had earned promotions from time to time, up to the rank of Additional Commissioner of Income Tax. On 25.11.2010, RC No.0102010A0036 was registered against the respondent under Section 13(2) read with Section 13(1)(e) of Prevention of Corruption Act, 1988, and Section 109 IPC by CBI, ACB, Kolkata. On the conclusion of the investigation, CBI had filed a final closure report dated 29.12.2013, under Section 173 CrPC before the court of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... promotion order issued on 16.09.2015, did not include his name whereas those who were junior to him, namely, Sh.Satpal Gulati & Sh.B.Venkataswara Rao, were promoted to the post of CIT. 5. The petitioner/UOI entered appearance before the Tribunal and filed a counter-affidavit wherein it was admitted that the name of the respondent was recommended for promotion by the DPC in its meeting convened on 05.06.2015. It was also not denied that the criminal proceedings initiated against the respondent were closed by the Special Judge, CBI, Kolkata vide order dated 12.03.2014. However, it was averred that the request of the CBI for initiating departmental action for major penalty, against the respondent, was still pending. 6. After considering the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsideration the disciplinary case/.criminal prosecution pending. No promotion can be withheld merely on the basis of suspicion or doubt or where the matter is under preliminary investigation and has not reached the stage of issue of charge sheet etc. If in the matter of corruption/dereliction of duty etc., there is a serious complaint and the matter is still under investigation, the Government is within its right to suspend the official. In that case, the officer's case for promotion would automatically be required to be placed in the sealed cover." 8. Relying on an earlier decision taken by the Tribunal on the above issue, in terms of the judgment dated 15.01.2014, passed in O.A. 4094/2013, entitled Niraj Srivastaa vs. Union of India & O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during the investigation of the case was adequate for sustaining the charge of possession of disproportionate assets to the tune of 9,52,312.07 (14.58% of income from all known sources) against the respondent in the departmental proceedings for a major penalty. 10. Admittedly, till date, the petitioner has not initiated any departmental proceedings against the respondent by charging him for possessing disproportionate assets to the tune of over 9 lakhs. In such circumstances, we see no reason to differ with the opinion expressed by the Tribunal in the impugned order. The DPC was convened on 05.06.2015 and it is undisputed that on the said date, no criminal or departmental proceedings were pending against the respondent and the department ..... X X X X Extracts X X X X X X X X Extracts X X X X
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