HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 7434/2021

Mukesh Kumar Meena S/o Badri Lal Meena, Aged About 31

Years, R/o 19, Bapu Nagar, Phalodi Jodhpur - 342301,

Rajasthan.

----Petitioner

Versus

1.

Principal Commissioner Of Income Tax, Shifted To -

Aaykar Bhawan, 13A Subhash Road Dehradun,

Uttarakhand - 248001. Earlier At - Aaykar Bhawan,

Meerut Road, Muazffarnagar - 251002, U.p.

2.

Chief Commissioner Of Income Tax, Shifted To - 16/69,

Aaykar Bhawan Civil Lines, Kanpur - 208001. Earlier At -

Cgo Complex - 1, Kamla Nehru Nagar, Near Hapur Chungi

Ghaziabad - 201002

----Respondents

For Petitioner(s)

:

Mr Abhaya Behera Sr. Advocate

assisted by Mr Aditya Singhi

(through VC)

For Respondent(s)

:

Mr Sunil Bhandari

HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment / Order

27/10/2021 (PER HON’BLE BISHNOI,J.)

This writ petition is filed by the petitioner being

aggrieved with the order dated 07.05.2021 passed by learned

Chairman, Central Administrative Tribunal, Principal Bench, New

Delhi, whereby the application P.T./68/2021 preferred on behalf of

respondent-department has been allowed and O.A. No.14/2021

(2 of 11)

[CW-7434/2021]

pending before the Central Administrative Tribunal, Jodhpur Bench

has been ordered to be transferred to Central Administrative

Tribunal, Allahabad Bench with a direction to club it with O.As.

No.1031/2017 and 1030/2017 pending before the Central

Administrative Tribunal, Allahabad Bench.

Brief facts of the case are that the petitioner was

working as an Inspector in Income Tax Department and was

posted in the Office of Principal Commissioner of Income Tax,

Aligarh. A memorandum of charge was issued by Principal

Commissioner of Income Tax, Aligarh and based on the said

memorandum of charge, a departmental enquiry under Rule 14 of

CCS (CCA) Rules, 1965 was initiated and Principal Commissioner

of Income Tax, Muzaffarnagar passed an order on 12.09.2019

removing the petitioner from service.

The petitioner preferred an appeal to the Jurisdictional

Chief Commissioner of Income Tax, however, when the appeal was

not decided, the petitioner preferred Original Application

No.14/2021 before the Central Administrative Tribunal, Jodhpur

Bench, Jodhpur, under whose jurisdiction, the petitioner is at

present residing.

The CAT, Jodhpur on 12.01.2021 directed to register

the O.A., admitted the same and issued notices to the

respondents. The next date in the O.A. was fixed as 23.02.2021

and on the date fixed, counsel for the respondents put his

appearance and sought four weeks’ time to file detailed counter

affidavit, which was granted and the next date in the matter was

fixed as 08.04.2021.

In between, the respondents filed a transfer application

under Section 25 of the Central Administrative Act, 1985 before

(3 of 11)

[CW-7434/2021]

Central Administrative Tribunal, Principal Bench, New Delhi

(hereinafter to be referred as ‘the Principal Bench’) on 23.03.2021

seeking transfer of O.A. No.14/2021 filed on behalf of the

petitioner before the CAT, Jodhpur Bench on the ground that three

Income Tax Inspectors involved in the same incident, for which

memorandum of charge was served upon the petitioner, which

resulted into his removal from the service, have also been

terminated and the said Inspectors have filed separate O.As., two

before the CAT, Allahabad Bench and one before CAT, Lucknow

Bench and the same are pending. It is urged that because same

issue is pending before the various Benches of Tribunal and in

order to avoid conflicting views of the various Benches, the O.A.

filed by the petitioner be transferred to CAT, Allahabad Bench.

It appears that after filing of the transfer application on

23.03.2021, one Misc. Application has also been filed by the

respond