Shanker Raju, Member (J) - (1.) AS these O.AS. are grounded on same set of facts and involving identical question of law, are being disposed of through this common order.
(2.) In O. A. 1648/2003, applicant who was working as Commissioner of Income Tax, has assailed his supersession in the matter of promotion to the rank of Chief Commissioner of Income Tax (CCIT) in the wake of DPC held on 6.4.2003. He has sought direction to respondents to grant him promotion to the post of CCIT with effect from the date his juniors have been given by holding a review DPC and also to ignore downgraded and uncommunicated ACRs in the last five years. Likewise, in O.A. 2955/2003 denial of promotion to the post of Chief Commissioner of Income Tax in the DPC held on 6.4.2003 has been assailed. Direction for holding review DPC and to ignore uncommunicated and downgraded remarks in the ACRs for the year 1997-98 and 1998-99 has been sought with grant of promotion to the post of CCIT with all consequential benefits.
(3.) BY an interim order dated 19.12.2003 in the O.As. promotions made during the pendency of the O.As. have been made subject to the final outcome of the O.As.;