Sanjiv Khanna, J. - (1.)This writ petition by the Union of India and its functionaries impugns the order dated 15th July, 2014 passed by the Principal Bench of the Central Administrative Tribunal (Tribunal, for short) whereby OA No. 107/2013 filed by V. Appalla Raju, the respondent before us, has been allowed with the direction that the respondent would be promoted as Commissioner of Income Tax with effect from 11th July, 2009, the date his immediate junior was promoted, and he would be entitled to consequential benefits of seniority and pay fixation.
(2.)The respondent is an officer belonging to the Indian Revenue Service. While working as Additional Commissioner of Income Tax, he was charge-sheeted under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and accordingly the sealed cover procedure was followed by the Departmental Promotion Committee (DPC) held between Dec., 2008 and Jan., 2009 while considering him and others for promotion to the post of Commissioner of Income Tax. On 11th July, 2009, promotion orders for the posts of Commissioner of Income Tax were issued for those found fit by the DPC. The list included some officers, who were junior to the respondent.
(3.)The respondent had challenged the charge sheet in OA No. 2582/2009, which was allowed by the Tribunal on 24th Feb., 2010, albeit giving liberty to the petitioners to issue a fresh charge sheet, if so advised. Thereupon, the respondent filed OA No. 165/2011 with the prayer that the sealed cover should be opened. The Tribunal allowed OA No. 165/2011 vide order dated 12th Sept., 2011, directing the petitioners to open the sealed cover within six weeks. Alleging non-compliance, the respondent filed contempt petition CP No. 674/2012 in response to which an affidavit was filed by the petitioners stating that the respondent was found unfit for promotion by the DPC.