Interim protection against final promotion action granted pending Tribunal decision in DPC recommendation dispute.

Interim protection was granted to preserve status quo over DPC recommendations for promotion to Principal Commissioner of Income Tax, because the recommendations had not yet been acted upon and the matter remained pending before the Tribunal. The Court considered the stage of the proceedings, the circular relied upon by the petitioner, and the fact that the process was still being forwarded for further action, and therefore restrained final appointment pending the Tribunal's decision. The Tribunal was also directed to complete the hearing expeditiously.

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Issues: Whether the impugned DPC recommendations and consequential appointments should be interdicted pending final adjudication before the Tribunal.

Analysis: The petition challenged an interim order of the Tribunal refusing stay of the DPC recommendations for promotion to the post of Principal Commissioner of Income Tax. The impugned recommendations had not yet been acted upon, and the matter was still pending before the Tribunal. In view of the circular relied upon by the petitioner, the stage of the proceedings, and the fact that the recommendations were still in the process of being forwarded for further action, the Court considered it appropriate to preserve the status quo so that no final appointment was made pending the Tribunal's decision. At the same time, the Court directed the Tribunal to complete the hearing expeditiously.

Conclusion: The petitioner was entitled to interim protection against final action on the DPC recommendations pending disposal of the proceedings before the Tribunal.

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