Case Note & Summary
The Supreme Court allowed a writ petition filed by Captain Pramod Kumar Bajaj against the Union of India and another respondent -- The petitioner, a disabled Army veteran turned IRS officer, was ranked first by the SCSC for appointment as Member (Accountant) ITAT in 2014 -- The respondents withheld his appointment citing IB reports from matrimonial disputes -- After prolonged litigation where courts directed reconsideration and the SCSC reaffirmed his merit, the respondents initiated vigilance actions, placed him in the 'Agreed List', and compulsorily retired him -- The Court found these actions were mala fide and amounted to departmental vendetta -- It quashed the compulsory retirement, directed the petitioner's appointment as Member (Accountant) ITAT with back wages from 2014, and awarded costs of ₹5 lakhs
Headnote
The Supreme Court exercised its extraordinary jurisdiction under Article 32 of the Constitution of India -- The petitioner, a former Army officer released due to disability, joined the Indian Revenue Service in 1990 and rose to Commissioner of Income Tax -- In 2014, he applied for Member (Accountant) ITAT and was ranked first by the SCSC chaired by a Supreme Court Judge -- The respondents withheld appointment citing IB inputs from matrimonial litigation -- The Tribunal and High Court directed reconsideration, which the SCSC reiterated the petitioner's merit -- Subsequently, the respondents initiated vigilance proceedings, placed the petitioner in the 'Agreed List', and compulsorily retired him -- The Court found these actions were mala fide and amounted to targeted persecution -- Held that the SCSC recommendations must be respected and the compulsory retirement was illegal -- Directed the petitioner's appointment as Member (Accountant) ITAT with back wages and consequential benefits
Premium Content
The Headnote is only available to subscribed members.
Subscribe Now to access key legal points
Issue of Consideration: The Issue of whether the petitioner's non-appointment as Member (Accountant) ITAT despite being ranked first by the SCSC and subsequent compulsory retirement were motivated by mala fide actions and departmental vendetta
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now to access critical case issues
Final Decision
Allowed the writ petition -- Quashed the compulsory retirement order -- Directed the respondents to appoint the petitioner as Member (Accountant) ITAT within four weeks -- Ordered payment of back wages and consequential benefits from 2014 -- Awarded costs of ₹5 lakhs to the petitioner
