Ajay Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6866 of 2022 ====================================================== Ajay Kumar S/o - Late Ram Jatan Paswan, R/v- Kaushal Nagar, House No.- 172, Polo Road, P.S.- Hawai Adda, Distt. - Patna at present dismissed Administrative Officer, Principal Director of Income Tax (Investigation), 3rd Floor, C.R.Building, Birchand Patel Marg, Patna - 1. ... ... Petitioner/s

Versus

1.

The Union of India through the Principal Chief Commissioner of Income Tax (Admn.) Patna, 1st Floor, C.R. Building, Birchand Patel Marg, Patna. 2.

The Principal Director of Income Tax 3rd Floor, C.R. Building, Birchand Patel Marg, Patna.

3.

The Additional C.I.T. ReFAC, VU-1(2), 3rd Floor, Alankar Place, Boring Road, Patna.

4.

The Regional Director, Department of Personnel and Training, Staff Selection Commission (Central Region), 8, Bailey Road, Allahabad- 2. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Advocate For the Respondent/s :

Mrs.Archana Sinha @ Archana Shahi, Advocate Mr. Pradeep Kumar, Sr. Panel Counsel Mr. Kumar Sachin, CGC Mr. Sushant Praveer, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-02-2024 The present writ petition has been filed seeking the following relief:- "1. That this writ application is being filed on behalf of the petitioner for issuance of an appropriate writ/ writs / order / orders commanding /directing the respondents to reinstate the petitioner in service after quashing the letter No.- F.No.- Pr. DIT (Inv.)/Pat/Vig.

AK/2021-22 dated 24.12.2021 issued by the D.A. cum Principal Director of Income Tax (Inv.) Patna by which the employment of the petitioner was found unfit and unsuitable for continuing in service and thereafter

Patna High Court CWJC No.6866 of 2022(2) dt.06-02-2024 2/2 the petitioner was removed from the service with effect from passing of the order dated 24.12.2021 from the post of Administrative Officer, Income Tax Department, Patna when the petitioner was going to be superannuated from the service on 31.01.2022."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 24.12.2021 passed by the D.A. cum Principal Director of Income Tax (Investigation), Patna, by filing appropriate appeal. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate appeal is filed within a period of four weeks from today, the appellate authority shall consider the same on merits and pass a reasoned and a speaking order thereon, within a period of six weeks, thereafter.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U