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High Court of DelhiW.P.(C)/4434/2024

Nitin Kumar Chauhan v. Union Of India & ORS.

2024-03-22Hon'Ble The Acting Chief Justice,Hon'Ble Ms. Justice Manmeet Pritam Singh Arora2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4434/2024 NITIN KUMAR CHAUHAN ..... Petitioner Through:

Mr. Raghvendra Pratap Pandey, Mr.

S. D. Rathore, Mr. Faraz Mohd. Zaidi and Mr. Yogendra Kumar, Advocates versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr. Ravi Prakash, CGSC with Mr.

Adil Taqvi, GP with Mr. Yasharth, Mr.

Ashu and Mr.

Ayushman, Advocates for UOI

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 22.03.2024 CM APPL. 18205/2024 (for exemption) Allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of. W.P.(C) 4434/2024 1.

Present writ petition has been filed challenging the appointment of respondent no. 5 as an Accountant Member of Income Tax Appellate Tribunal (ITAT), Lucknow.

2.

Learned counsel for Respondent/Union of India, who appears on advance notice, states that the appointment letter of Respondent No. 5 in pursuance to the ACC clearance has not been issued. He clarifies that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2024 at 12:43:47

Respondent No. 5's appointment has been placed on hold. He states that the material against Respondent No. 5 is being examined by the Respondent/Union of India and only after considering the same a final decision shall be taken.

3.

In view of the aforesaid statement, this Court is of the view of the present writ petition is pre-mature.

4.

In the event, the Respondent No. 5 is appointed to the post of Member of Income Tax Appellate Tribunal, the Petitioner shall be at liberty to file a fresh petition. The rights and contentions of all the parties are left open. ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J MARCH 22, 2024/rhc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2024 at 12:43:47