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1995 Supreme(SC) 439

B.L.HANSARIA, KULDIP SINGH
R. S. Mittal – Appellant
Versus
Union Of India – Respondent


Advocates:
Anil Chopra, C.V.SUBBA RAO, HEMANT SHARMA, M.P.Jha, N.N.GOSWAMY, P.P.Rao, RAJU RAMACHANDRAN

JUDGMENT

KULDIP SINGH, J.-This appeal is sequel to the selection of candidates for appointment to the post of Judicial Member, Income Tax Appellate Tribunal, made by a Selection Board headed by a sitting Judge of this Court. The Selection Board was constituted under sub-rules (1) and (2) of Rule 4 of the Income Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963 (the Rules). The Selection Board prepared a panel of selected candidates which included the name of the appellant and sent its recommendations on 25-1-1988 to the Central Government for consideration under sub-rules (3) and (4) of Rule 4 of the Rules. The Central Government did not make any appointment and issued fresh advertisement on 22-2-1990 inviting applications for the same post. The appellant filed original application before the Central Administrative Tribunal seeking a direction to the respondents to appoint him as Judicial Member, Income Tax Appellate Tribunal on the basis of the select panel prepared by the Selection Board in 1988. The Tribunal by its judgment dated 11-10-1991 dismissed the application. This appeal by way of special leave is against the judgment of the Tribunal.

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