2014 (9) TMI 1260

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Waize Ali Noor, Advocates, for For the UPSC : Sh. Naresh Kaushik, Advocate, ORDER Issue notice. Sh. Kirtiman Singh, CGSC and Sh. Naresh Kaushik, Advocate accept notice on behalf of the respondents. The present petition is directed against an interim order of the Central Administrative Tribunal (CAT) dated 08.09.2014 in M.A. No.1768/2014 in a pending application, being O.A. No.1523/201....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ked by necessary amendments to the statute. It is submitted that the amendment was, in fact, carried out through the Finance Act, 2014 (No.2 of 2014) and brought into force with effect from 06.08.2014. However, the DPC has been constituted contrary to the said Amendment. The second main contention which the petitioner relied upon ? and which is reiterated before us, is that one amongst the several....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t the impugned order, especially, paras 6 and 7 clearly show that though the CAT gave an opportunity to the petitioner to argue the matter finally, he did not do so and instead insisted that the interim application ought to be considered. As far as the substantive matter with respect to the Circular of 2001 and participation of one of the DPC members was concerned, learned counsel submitted tha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er of Income Tax with effect from 01.06.2013, we are of the opinion that the Central Government should not take any final decision, or at least go ahead and make any appointment pursuant to the recommendations of the impugned DPC during the pendency of the proceedings before the CAT At the same time, we are of the opinion that having regard to the matter ? and the nature of the submissions made, t....