Justice V. K. Bali, Chairman: The applicant is aggrieved of his being overlooked by his juniors for appointment on the post of Vice-President, Income-Tax Appellate Tribunal (ITAT). What is urged during the course of hearing is that the appointment on the post of Vice-President has to be from amongst the Members of ITAT, and that though the method of appointment may be selection, but the same should be by way of promotion, and once, the appointment has to be made by promotion, even though by selection, the DOP&T guidelines which mandate no supersession, and any one having the requisite benchmark has to be promoted, the applicant could not be overlooked by his juniors. From the provisions contained in rule 7C of the Income-tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963 (hereinafter to be referred as the Rules of 1963), it appears that the President, Senior Vice-President and Vice-Presidents of ITAT have to be selected based on merit by a selection committee consisting of a sitting Supreme Court Judge to be nominated by the Chief Justice of India, President ITAT, and the Secretary, Ministry of Law and Justice (Department of Legal Affairs). We may reproduce rule 7C, which reads as follows: 7C Selection Committee to select President, etc.:- The Selection Committee consisting of a sitting Supreme Court Judge, to be nominated by the Chief Justice of India, the President and the Secretary, Ministry of Law and Justice (Department of Legal Affairs), based on merits, shall recommend persons for appointment as President, Senior Vice-President and Vice-Presidents. Where as, it may be true that the Vice-President is to be appointed from amongst the Members of the Tribunal only, as may be clearly made out from rule 7A of the said Rules, but the method of appointment, from the provisions of rule 7C, appears to be by selection, which would be based upon merits. However, in support of the plea raised by the applicant through Shri A. K. Behera, learned counsel representing him, reliance is placed upon the information received by another Member of the Tribunal under RTI, wherein, no doubt, it is mentioned that all the posts in the Tribunal above the level of Member are filled up by promotion as per provisions contained in Section 252 of the Income Tax Act, 1961 and rules 7, 7A, 7B and 7C of the Rules of 1963. It is also mentioned that as per DOP&T norms, for selection against one vacancy, five incumbents are to be considered, and that the selection committee considered the five senior-most Vice-Presidents for one post of Senior Vice-President, and fourteen Members for five posts of Vice-Presidents, and further that on the basis of available character rolls, knowledge and suitability, the committee made its recommendations. Even though, it may appear prima facie that the method of appointment is by way of selection based on merit, but the information received by the colleague of the applicant, as mentioned above, would need clarification.
2. Issue notice to the respondents, returnable on 5.4.2010. ( L. K. Joshi ) ( V. K. Bali ) Vice-Chairman (A) Chairman /as/
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