RAM NIWAS JANGID Vs. UNION OF INDIA

JUDGEMENT

(1.) SHRI Ram Niwas Jangid has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 and has prayed for the following reliefs:--

(2.) The facts of the case as narrated in the Original Application by the applicant are that the applicant was employed on the post of Income Tax Officer in the year 1985. He was issued with a memorandum dated 10.3.1992 by the Chief Commissioner of Income Tax alleging serious irregularities. A detailed reply, explaining the reason for decision for each assessment order, was submitted to the said memorandum vide letter dated 12.5.1992. The applicant was allowed his promotion as Assistant Commissioner in the cadre of Indian Revenue Service and joined on the new post on 30.6.1993. Thereafter, a charge-sheet dated 30th March, 1994 was issued to the applicant. The same was replied on 4th May, 1994.

(3.) THE applicant awaited for over the 3 years from the date of submission of reply on the point of disagreements to the Disciplinary Authority but of no avail. As a result of inaction on the part of the Disciplinary Authority, applicant's promotion in the senior scale as Deputy Commissioner of Income Tax was withheld without any valid order although Officers of his Batch were promoted to this rank as early as on 21.1.1997. THEre is no justification for inordinate delay in disposal of disciplinary proceedings on the part of the respondent and the same cannot be sustained and rather it vitiates the disciplinary proceedings.