CENTRAL ADMINISTRATIVE TRIBUNAL
Anju Sharma – Appellant
Versus
Income Tax Department – Respondent
O.A./364/2023
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH Original Application No.060/364/2023 Pronounced on: 11.02.2026 Reserved on: 21.01.2026 CORAM: HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON’BLE MRS. ANJALI BHAWRA, MEMBER (A)
Anju Sharma, Aged 49 years Widow of Late Shri Sanjeev Kumar, resident of Village and Post Office Daun Kalan, Tehsil and District Patiala (Pb.), Group 'C'.
... Applicant By Advocate: Mr. R.K. Sharma, Sr. Advocate along with Mr.
Mandeep Singh and Mr. Abhimanyu Rana Versus
1. Union of India through Secretary to Government of India, Ministry of Finance, Department of Revenue, North Block, New Delhi.
2. Central Board of Direct Taxes, North Block, New Delhi through its Chairman.
3. Principal Chief Commissioner of Income Tax, North West Region, Digitally signed Aayakar Bhawan, Sector 17-5, Chandigarh.
by MAMTA WADHWA
4. Principal Commissioner of Income Tax, Patiala.
... .Respondents By Advocate: Mr. A.K. Sharma through Video Conferencing
O R D E R
Per: SURESH KUMAR BATRA MEMBER (J):-
1. The present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-
i) Quash Order No.JCIT/PTA/CB/01-02/1372 dated 23.08.2001, passed by Respondent No.4, copy attached as Annexure A-1, whereby services of late husband of the Shri Sanjeev applicant namely Kumar, LDC were terminated including order of Chief Commissioner of Income Tax, NWR, Chandigarh dated 10.11.2003 (Annexure A-1/A) upholding the order dated
23.08.2001.
ii) Quash Order No.Pr.CIT/PTA/VIG/2018-19/834 dated 27.02.2019, passed by Respondent No.4, copy as attached Annexure A-2, whereby the appeal/representation submitted by the applicant against the order of termination of services of her husband late Sanjeev Kumar, LDC was rejected.
iii) Quash order No.Pr.CIT/PTA/VIG/2022-23/572 dated 29.03.2023, passed by Respondent No.4, (Annexure A-3), whereby revision/ representation submitted by the applicant against order dated 23.01.2001 has been rejected on the ground that late husband of the applicant Sh. Sanjeev Kumar, LDC was not applicant in the court cases as a result whereby his colleagues who were similarly situated have been ordered to be reinstated and have actually been reinstated.
iv) Issue directions to the respondents to consider claim for reinstatement of late husband of the applicant namely Shri Sanjeev Kumar, LDC in service and continue him as such till date of his death i.e. 06.01.2016 and thereafter to grant all the benefits due to the applicant on account of his death and also to consider her claim for compassionate appointment.
2. The facts of the case, in brief, are that Late Shri Sanjeev Kumar, husband of the applicant, was appointed as Lower Division Clerk in the Income Tax Department pursuant to appointment letter dated 03.07.1991 and joined duty on 15.07.1991 (FN) in the office of the Income Tax Officer (Survey-cum-CIB Unit), Jammu. He passed the departmental promotion examination for UDC in June 1998 and his name appeared in the seniority list issued vide F. No. EB/CC/CHD/Seniority list/2526 dated 01.08.1997 at Sr. No. 163/2104. On 26.02.1999, an FIR No. RC9(A)/1999 was registered by the CBI against several officials including the husband of the applicant. Another FIR bearing No. CHG2000A0027 dated 10.10.2000 was also registered against other 21 official of the respondent department. Thereafter, the services of Shri Sanjeev Kumar were terminated vide order dated 23.08.2001 issued by the Joint Commissioner of Income Tax, Patiala Range. The said termination was upheld by the respondent department vide order dated 10.11.2003.
3. The termination order dated 23.08.2001 was challenged by him before this Tribunal in O.A. No. 1256/PB/2001, which was dismissed on 29.04.2003 and the matter was remanded to the departmental authorities. Again, the departmental authority passed order dated
10.11.2003 upholding the termination. The above said order was challenged before this Tribunal by husband of the applicant thro
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