CAT Passes Strictures At ‘Mutual Acrimony’ Between ITAT Members

The applicant is an Accountant Member of the ITAT, Chandigarh who, having joined the employment aforementioned on 25.8.2003, came to be transferred to the ITAT, Chandigarh Bench on 25.10.2010. He has been, vide order Annexure A-I dated 23.1.2012, ordered to be transferred to the Rajkot Bench of the ITAT. The transfer is indicated to have been ordered “in public interest”.

3′ The applicant has applied for the invalidation of the impugned transfer order by averring that it is punitive in character because he had a difference of opinion in a judicial matter with private Respondent No.4, who made a complaint against him. An inquiry was conducted by the Senior Vice President of the ITAT at Delhi who, without affording an opportunity of a hearing to him, indicted him and, then, opted to become a part of the collegium of the ITAT (the other two members being the President and the other Vice President of the Tribunal respectively), which recommended his transfer.

(OA No. 87-CH of 2012)

CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH

ORIGINAL APPLICATION NO. 87-CH of 2012 Chandigarh, this the 27th day of February, 2012

CORAM: HONORABLE MR. JUSTICE S.D.ANAND, MEMBER (J) HONORABLE MR.KHUSI RAM, MEMBER (A)

D.K. Srivastava, aged 59 years, S/o Shri N.S.Srivastava, Accountant Member, Income Tax Appellate Tribunal, Chandigarh, resident of House No.302, Sector 7-A, Chandigarh.

VERSUS

1 .Union of India, through Secretary to Government of India, Ministry of Law & Justice (Department of Legal Affairs) Shastri Bhawan, Dr.Rajendra Prasad Road, New Delhi-110001

2. Shri G.E.Veerabhadrappa, President, Income Tax Appellate Tribunal, 4th Floor, M.K. Road, Mumbai 400020

3. Shri G.D. Aggarwal, Vice President, Income Tax Appellate Tribunal, 10th Floor, Lok Nayak Bhawan,. Khan Market, New Delhi-l 1003

4. Ms. Sushma Chowla, Judicial Member, Income Tax Appellate Tribunal, Kendriya Sadan, Sector 9, Chandgiarh.

ORDER