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2016 Supreme(Pat) 1425

HEMANT GUPTA, AHSANUDDIN AMANULLAH
Union of India – Appellant
Versus
Rajiv Sinha – Respondent


Advocates Appeared:
For the Appellant : Sanjay Kumar, ASG.
For the Respondents:P.N. Sahi, Sr. Advocate, J.K. Karn and H.K. Karn, Advocates

JUDGMENT :

Hemant Gupta, J.

1. The challenge in C.W.J.C. No. 18155 of 2015 is to an order passed by the Central Administrative Tribunal, Patna Bench, Patna (for short "the Tribunal") on 10th of July, 2013 in O.A. No. 252 of 2008, whereby the order of punishment withholding one increment for a period of one year with cumulative effect vide order dated 16th of May, 2008, was set aside.

2. The challenge in C.W.J.C. No. 6875 of 2016 is to an order passed by the Tribunal on 10th of July, 2013 in O.A. No. 303 of 2011, whereby an Original Application filed by the respondent (hereinafter referred to as "the applicant") for a direction to the petitioners to consider his case for promotion to the grade of Commissioner of Income Tax with effect from the date his immediate junior was promoted, stands allowed.

3. The applicant is the member of Indian Revenue Service and on the relevant date was functioning as Assistant Director of Income Tax (Investigation) Unit-IV, Surat. There was search and seizure action in the premises of certain jewellers in Gujarat on 23rd of September, 1995. On certain acts of omission and commission noticed by the department and on account of failure to maintain absolute i



















































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