CAT directs govt to consider application rejected for delay in receipt of APARs for ITAT Member post

Ashok Kumar Saroha Vs Union of India (Central Administrative Tribunal Principal Bench)

In these two OAs, the grievance of the applicants is that their applications for selection to the post of Member, Income Tax, Appellate Tribunal are not being treated as valid on account of the fact that their APARs were not received before the stipulated date i.e. 20.08.2018. The learned counsel for the applicants submits that the forwarding of the APARs was in the hands of the department and they had no control over that aspect.

2. While admitting the OAs Nos.1546/2019 and OA No.1841/2019, interim orders were passed on 20.05.2019 and 21.06.2019, respectively. It was directed that the feasibility of taxguru.in  including the name of the applicant in the list of candidates to be interviewed, shall be considered if he has fulfilled other conditions, ignoring the fact that the APARs were received at a later point of time.

Also Read- Delhi High Court Judgement On ITAT Members Appointments

3. Heard Shri Yogesh Sharma and Shri M.D. Jangra for Shri Yashpal Rangi, learned counsel for the applicants and Shri Hanu Bhaskar and Shri S.N. Verma, learned counsel for the respondents.

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