- (1.) THIS Public Interest Litigation was preferred by the petitioner for a direction on the respondents to appointed the Chairman and the Members of the Commercial Taxes Tribunal, Jharkhand at Ranchi and to provide the infrastructure in the said tribunal for its proper and smooth functioning in public interest.
(2.) DURING the pendency of the writ petition and in view of one or other order passed by this Court, the State of Jharkhand has already appointed the Chairman of the Commercial Taxes Tribunal and the Member (Accounts). One post of Member (Departmental) is lying vacant. It is informed that the post of the Member (Departmental) is being filled up by posting of a senior Joint Commissioner, Commercial Taxes Department. A supplementary counter affidavit has been filed on behalf of both the respondents. Mrs. Alka Tiwary, Commissioner -cum -Secretary, Finance (Commercial Taxes) Department, Jharkhand referred to the supplementary counter affidavit filed by respondents and informed the problems in immediate posting of Member (Departmental). It is informed that as per Rule 33 of the Jharkhand Sales Tax Rules, the post of Member (Departmental) has to be filled up by an officer of the Commercial Taxes Department of the State, not below the rank of Joint Commissioner. Though there are 13 sanctioned posts of the Joint Commissioner in the State of Jharkhand, but only two officers are available, rest of the post are vacant. The Department is facing problem in manning the posts of Joint Commissioner, including the post of Member (Departmental) of Tribunal and the Joint Commissioner (Appeal), which is also vacant.
(3.) THE Secretary informed that the Department has already taken steps to grant regular promotion to the State Finance Service Officers and once promotion is granted and necessary clearance is obtained from the Election Commis sioner. There will be sufficient availability of the Joint Commissioner rank officers to fill up the crucial posts.;