1. The petitioner/Union of India is aggrieved by the judgment dated 16.01.2017, passed by the Central Administrative Tribunal allowing O.A. No.4141/2015, filed by the respondent herein, who is presently working on the post of Additional Commissioner in the Income Tax, Department of Revenue, Ministry of Finance, praying inter alia for issuing directions to the respondent/UOI to promote him to the post of Commissioner, Income Tax in terms of the promotion order dated 16.09.2015, with effect from the date when his juniors were promoted, with all consequential benefits.

2. The facts of the case as emerge from the records are that on 05.09.1993, the respondent had joined service as an Assistant Commissioner of Income Tax and had earned promotions from time to time, up to the rank of Additional Commissioner of Income Tax. On 25.11.2010, RC No.0102010A0036 was registered against the respondent under Section 13(2) read with Section 13(1)(e) of Prevention of Corruption Act, 1988, and Section 109 IPC by CBI, ACB, Kolkata. On the conclusion of the investigation, CBI had filed a final closure report dated 29.12.2013, under Section 173 CrPC before the court of the Special Judge, Kolkata s