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2017 Supreme(Jhk) 2010

APARESH KUMAR SINGH, B.B.MANGALMURTI
Mukteshwar Prasad Singh – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
R.S. Mazumdar, Senior Advocate, Kumar Vaibhav and Rupali Dungdung, Advocates, for the Appellant; Deepak Roshan, Advocate, for the Respondents-I.T. Deptt; Shubham Gautam, Advocate, for the Respondent No. 5

JUDGMENT

Aparesh Kumar Singh, J. – Heard learned counsel for the parties.

2. Being aggrieved by the order dated 2nd January, 2015 passed in O.A. No. 116/2013[R] by learned Central Administrative Tribunal, Circuit Bench at Ranchi, Patna Bench, Patna, the applicant is before this Court in the present writ petition. He had preferred Original Application for quashing of promotional order dated 30th January, 2012, where-under junior to the applicant i.e. respondent no. 5 was promoted to the post of Income Tax Officer depriving him of the benefit of promotion without any cogent reason.

3. Brief facts, bereft of unnecessary details, are being referred to hereinafter. The applicant/writ petitioner working as Inspector of Income Tax with effect from 14th December, 2001, was implicated in a disproportionate assets case by the C.B.I, in which charge-sheet was filed and sanction for prosecution was accorded by order dated 20th July, 2005. The order of cognizance dated 7th December, 2005 was quashed by this Court giving liberty to prosecution to get the investigation of the case conducted by the competent authority under section 17 of the Prevention of Corruption Act, 1988 and file a final repor

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