Vijay Nath Sah V. The Union Of India and Ors

CWJC/12570/2017

AI Insights

The case involves Vijay Nath Sah, an ex-Inspector of Income Tax, who challenged his dismissal order through a writ petition in the Patna High Court. Initially, his case was heard by the Central Administrative Tribunal, which allowed him to pursue his appeal against the dismissal. The petitioner, represented by Mr. Santosh Kumar, decided to withdraw the writ petition after the appeal was disposed of, seeking permission to challenge both the dismissal and the appellate order at the Central Administrative Tribunal, Patna Bench. The respondents included various officials from the Ministry of Finance and the Central Board of Direct Taxes.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 735387 (HC-PATNA)
• Appeal Type: Others
• Pronouncement Date: 19-04-2018
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Keywords: Appeal; Central Administrative Tribunal; Dismissal; Punishment

Judgement Text

"IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12570 of 2017 ====================================================== Vijay Nath Sah (Ex-Inspector of Income Tax, TDS Circle, O/o The Assistant Commissioner of Income Tax (TDS), Central Revenue Building (Annexe), Birchand Patel Path, Patna- 800001, Son of Late Raghunath Sah, Resident of Diwan Mohalla, Ram Janki Chowraha, P.O.- Jhauganj, P.S.- Khejekala, District- Patna- 800008. ... ... Petitioner/s Versus 1. The Union of India through the Special Secretary to the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, North Block, New Delhi- 110011. 2. The Chairman, Central Board to Direct Taxes, North Block, New Delhi- 110011. 3. The Member (Personnel & Vigilance), Room No. 155 (B), Central Board of Direct Taxes, North Block, New Delhi- 110002. 4. Thr Pr. Chief Commissioner of Income Tax (CCA) Patna, [Bihar & Jharkhand Region], Central Revenue Building, Bir Chand Patel Path, Patna- 800001. 5. The Commissioner of Income Tax (TDS), 5th Floor, Central Revenue Building, Bir Chand Patel Path, Patna- 800001. 6. The Dy. Commissioner of Income Tax (Vig.), Central Revenue Building, Bir Chand Patel Path, Patna- 800001. 7. The Assistant Commissioner of Income Tax [Administration], Central Revenue Building, Bir Chand Patel Path, Patna- 800001. 8. The Income Tax Officer (TDS) Hqrs.- 1, O/o the Commissioner of Income Tax (TDS), Central Revenue Building, Bir Chand Patel Path, Patna- 1. 9. Sri Vivekanand Mishra, then DDIT (lnt.) and now the DCIT, Central Circle 2, (the Inquiry Officer), Central Revenue Building, Bir Chand Patel Path, Patna 800001. 10. Sri Ram Chandra Ram, then Income Tax Officer, Ward - 5 (3), Patna [the Presenting Officer]. 11. Maulesh Paswan, S/o Sh. Jagdish Paswan, the General Secretary, All India Income Tax SC/ST Employees Welfare Federation, Unit Patna, at present residing at Qt. No. 179, New Type- III, Central Revenue Colony, Ashiyana Road, Patna- 25. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar For the Respondent/s : Mr. S.D Sanjay (Addl. Soc. Gen.) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 2 19-04-2018 The learned counsel for the petitioner submits that the order of dismissal was challenged before the learned Central Patna High Court CWJC No.12570 of 2017(2) dt.19-04-2018 2/2 Administrative Tribunal and the learned Central Administrative Tribunal by an order dated 29.03.2017 passed in OA/050/00190/2017 has been pleased to dispose of the O.A. filed by the petitioner herein with liberty to exhaust his alternative remedy of appeal against the order of punishment in view of the fact that the appeal had already been filed by the petitioner herein. Now, the learned counsel for the petitioner submits that his appeal has already been disposed of. In view of the aforesaid, the learned counsel for the petitioner seeks permission to withdraw the present writ petition with liberty to assail the order of dismissal as well as the appellate order before the learned Central Administrative Tribunal, Patna Bench, Patna. The present writ petition is disposed of as withdrawn with the aforesaid liberty. ajay gupta/- (Mohit Kumar Shah, J) U "