Sanjib Kumar Mishra V. Union of India and others

WP(C)/4048/2017

AI Insights

The case involves Sanjib Kumar Mishra, a member of the Central service working under the Income Tax Department, who challenged a transfer order and subsequent administrative decisions through the Central Administrative Tribunal and the High Court of Orissa. Initially, Mishra was transferred to a post he found unfavorable and sought redress through the Tribunal, which directed the authorities to consider his representation but did not grant immediate relief. After further administrative actions, including a stay on his transfer, Mishra's subsequent applications were also directed to be heard by a Division Bench of the Tribunal. The High Court dismissed Mishra's writ petition, emphasizing the need for the Tribunal to resolve the matter and rejecting the claim that the Division Bench would not convene soon.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 802415 (HC-CUTTACK)
• Appeal Type: Others
• Pronouncement Date: 15-03-2017
• Assessment Year: misc
• Laws Referred To: Articles 226 and 227 of the Constitution of India
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: ADDL GOVERNMENT ADVOCATE FOR STATE
• Assessee Lawyers: RAS BIHARI MOHAPATRA; S SEN; N N MOHAPATRA
• Keywords: Assessment; Central Administrative Tribunal; Income Tax Inspector; Income Tax Officer; Transfer; Posting
• Section: 260/383/2016; 260/78/2017; 297/2016; 383/2016; 465/2016

Judgement Text

"HIGH COURT OF ORISSA: CUTTACK. W.P.(C) No.4048 of 2017 In the matter of application under Articles 226 and 227 of the Constitution of India. --------- Sanjib Kumar Mishra …… Petitioner - Versus- Union of India and others …… Opposite Parties For Petitioner : M/s Ras Bihari Mohapatra, S.Sen, N.N.Mohapatra For Opp.Parties : Addl.Government Advocate for State --------- PRESENT: THE HONOURABLE KUMARI JUSTICE SANJU PANDA & THE HONOURABLE SHRI JUSTICE SUJIT NARAYAN PRASAD --------------------------------------------------------------------------------------- Date of hearing and judgment : 15.03.2017 --------------------------------------------------------------------------------------- S. N. Prasad, J. This writ petition under Articles 226 and 227 of the Constitution of India has been filed challenging the order dated 23.5.2016 passed in O.A.No.260/383/2016 by the Central Administrative Tribunal, Cuttack Bench, Cuttack wherein and where under prayer made by the petitioner in M.A.No.260/78/2017 has been rejected with the direction to place the matter for hearing at an earliest possible since Division Bench is available. 2. Contention raised by the petitioner in the writ petition is that he was appointed as Income Tax Inspector in the year 1991, promoted to the post of Income Tax Officer in the year 2001. As per the instruction and guidelines, the petitioner was due for his assessment posting as Income Tax Officer(Assessment) in the year 2010, accordingly he has opted for his posting as Income Tax Officer(Assessment) for Keonjhar, Bargarh and Bhawanipatna but the same was not considered and he was transferred to Sambalpur as Income Tax Officer(IAP) Internal Audit Party in June,2010. The petitioner has joined in the said post. 2 Petitioner being aggrieved with the order of transfer has approached the Central Administrative Tribunal, Cuttack Bench, Cuttack being O.A.No.297 of 2016, which was disposed of vide order dated 17.5.2016 by Division Bench directing the opposite parties to consider and take decision on the prayer of the petitioner and communicate such decision to him in a reasoned and speaking order within a period of two weeks from the date of receipt of the order. It was also directed that no action in pursuance to the order of transfer/notification should be taken by the opposite parties for a period of two weeks from the date of communication of the decision to the applicant/petitioner on his representation. Petitioner has made representation dated 4.5.2016. According to the petitioner, when the authority has not passed order, he has again approached the Central Administrative Tribunal,Cuttack Bench, Cuttack in O.A.No.383 of 2016 which was taken up for admission on 31.5.2016. The Tribunal has passed order directing the opposite parties to seek instruction as to whether the authorities have taken decision on the representation which has been preferred by the petitioner in pusurnace to the order passed in O.A.No.297 of 2016 and posted the matter for further hearing. During pendency of the Original Application, opposite party no.2 has communicated the order dated 23.5.2016, thereafter petitioner has filed miscellaneous application being M.A.No.345 of 2016 seeking amendment of the prayer made in the original application to the effect for quashing the order dated 23.5.2016 and the amendment has been allowed. 3. Opposite Parties have filed miscellaneous application being M.A.No.465 of 2016 for vacation of interim stay and the learned tribunal (Single Bench) has vacated the order dated 14.62016 in spite of the objection of the petitioner that the matter is required to be heard by Division Bench which was challenged before this Court in W.P.(C) No.1447 of 2017 and this Court declined to interfere on the ground that the matter is pending before the Tribunal. 4. The petitioner, after disposal of the writ petition, has filed miscellaneous application being M.A.No.260/78/2017 for recall of the order dated 3 19.1.2017 passed in M.A.No.465 of 2016 but the Tribunal vide order dated 23.2.2017 while rejecting the application, has directed to place the matter for hearing at the earliest since Division Bench is available, which order has been assailed again in this writ petition solely on the ground that there is no chance of functioning of Division Bench in near future and as such the petitioner is being from the legitimate claim of stay of order of transfer dated 3.5.2016. 5. We have heard learned counsel for the parties and perused the documents available on record. 6. Admitted position in this case is that the petitioner belongs to member of Central service working under the Income Tax Department, being aggrieved with his posting, has approached the Central Administrative Tribunal, Cuttack Bench, Cuttack being court of first instance under the provisions of the Administrative Tribunal Act,1985. The petitioner had approached this Court on earlier occasion assailing the order passed by the Tribunal while the matter was pending before it and this Court has dismissed the writ petition on the ground of pendency of the issue to be decided by the Tribunal, but again this writ petition has been filed challenging another order passed by the Member(Administration),Central Administrative Tribunal who has rejected the prayer made by the petitioner in miscellaneous application by which recall order of stay, has been rejected. We have perused the order passed by the Central Administrative Tribunal and have found that the Tribunal while rejecting the Miscellaneous Application, has directed the matter to be placed before Division Bench at an earliest possible. 7. The petitioner has filed this writ petition solely on the ground that there is no likelihood of functioning of Division Bench in the Central Administrative Tribunal but why there is no likelihood of functioning of Division Bench, nothing has been stated in the petition and only vague and bald statement has been made, more so, the same cannot be a ground to entertain this writ petition to adjudicate the matter finally making the lis pendening before Tribunal of no use. We after 4 taking into consideration the fact that the matter pertains to transfer of the petitioner who has already been relieved from his earlier place of posting way back in 27.1.2017 and since the Tribunal has already made observation that the matter be placed before the Division Bench at an earliest, hence we decline to entertain this writ petition. 8. In that view of the matter, we are not inclined to interfere with the order of the Tribunal. However, we reiterate the observation made by the Tribunal to place the matter before Division Bench for its early disposal. In the result, the writ petition stands dismissed. …..……………… ….…………….…. S.N. Prasad, J. Sanju Panda, J. Orissa High Court, Cuttack, Dated the 15th March,2017/Palai "