2017 (3) TMI 1555 - HC - Indian Laws

Gujarat HC restrains promotions to Assistant Commissioner of Income Tax pending proceedings.

The Gujarat HC granted a draft amendment and restrained respondents from proceeding with promotions to the post of Assistant Commissioner of Income Tax ... Revising of seniority list in the cadre of ITO - promotion from the post of ITO to the post of ACIT - Held that:- Referring to order passed in Original Application [2017 (2) TMI 1228 - CENTRAL ADMINISTRATIVE TRIBUNAL, AHMEDABAD] by the Central Administrative Tribunal, the ground assigned for rejection of Original Application is pendency of above proceedings in the High Court of Gujarat. Further, if the respondents are allowed to go ahead with the exercise undertaken by them of effecting promotion to the post of Assistant Commissioner of Income Tax ignoring the directions issued by the Apex Court in the case of N.R.Parmar v. Union of India and others [2012 (12) TMI 872 - SUPREME COURT], it may result into anomaly and complications, we deem it just and proper to grant prayer to the extent that the respondents are hereby restrained from taking further steps pursuant to the communication dated 22.12.2016 and 14.2.2017 to prepare the penal for the vacancy of the year 2016-17 for promotion to the post of Assistant Commissioner of Income Tax. The Gujarat High Court granted a draft amendment and restrained the respondents from proceeding with promotions to the post of Assistant Commissioner of Income Tax, citing pending proceedings and directions from the Apex Court. Returnable date set for 22nd March 2017.