Dismissed

Raj Narayan Agrahari v. Principal Chief Commissioner of Income Tax and Another

Allahabad HC10 Feb 2023WRIA/643/2023

Case brief

AI extract

What is this about?

Petitioner sought to quash a graduation list placing him at a lower serial number. Counsel for petitioner applied to withdraw the petition before approaching the Tribunal. Court dismissed petition as withdrawn with liberty to file before the Tribunal.

What did the court decide?

Petition dismissed as withdrawn with liberty to file before the Central Administrative Tribunal within ten days.

Raj Narayan Agrahari Vs Principal Chief… — Service and Employment | Allahabad HC (2023)

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Court No. - 33

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Case :- WRIT - A No. - 643 of 2023

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Petitioner :- Raj Narayan Agrahari Respondent :- Principal Chief Commissioner Of Income Tax And Another Counsel for Petitioner :- Amitabh Agarwal Counsel for Respondent :- Gaurav Mahajan

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Hon'ble Jaspreet Singh,J.

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heard Shri Amitabh Agarwal, learned counsel for the petitioner and Shri Gaurav Mahajan alongwith Shri Manu Ghildyal, learned counsel for the respondents.

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By means of the instant petition, the petitioner prays for the following relief:-

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"(1) Issue a writ, order or direction in the nature of certiorari quashing the office memorandum dated 23.10.2020 bearing Reference No.F.No.Pr.CC/Lko/HC/WP/RN Agrahari/202122/4580 dated 30.08.2022 together with the Final Gradation List of Income Tax Inspectors as on 01.01.2020 approved on 23.10.2020 passed by the respondent no.1 communicated to the petitioner on 05.09.2022 whereby the petitioner has wrongly and illegally been placed at Serial No.213 at Internal Page No.9 of the aforesaid list."

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Learned counsel appearing for the respondents Shri Mahajan has raised preliminary objection regarding maintainability of the petition on the ground that the order under challenge is assailable before the Central Administrative Tribunal and in light of the availability of the statutory remedy, the instant petition may not be entertained.

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Learned counsel for the petitioner after making his submissions at some length submits that he may be permitted to withdraw the petition with liberty to 1le the petition before the Central Administrative Tribunal within a week. However, indulgence has been sought to the limited extent that in case if the petition 1les the said application before the Central Administrative Tribunal, the same may be expedited, to which counsel for the respondents has no objection.

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Considering the aforesaid, the petition is dismissed as withdrawn with liberty to approach the Central Administrative Tribunal and in case if the petitioner 1les the petition before Central Administrative Tribunal within a period of ten days from today, the Central Administrative Tribunal shall endeavour to decide expeditiously preferably within a period of eight month after a3ording full opportunity of hearing to the parties but without granting any unnecessary adjournments.

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With the aforesaid, the petition stands dismissed.

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Order Date :- 10.2.2023 ank

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Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad

Raj Narayan Agrahari v. Principal Chief Commissioner of Income Tax and Another

Case brief

What is this about?

What did the court decide?

Raj Narayan Agrahari v. Principal Chief Commissioner of Income Tax and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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