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Supreme Court rejects application against mandatory retirement of IRS officer

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New Delhi (ILNS): The Supreme Court has refused to consider the petition of an Indian Revenue Service official, challenging the government’s decision for compulsory retirement. The court asked the petitioner to go to the Central Administrative Tribunal (CAT) for relief. 

A bench of Justices Dhananjay Y Chandrachud, Indu Malhotra and Indira Banerjee agreed with the Centre’s plea that the petitioner Ashok Aggarwal should go to CAT.

The apex court also took cognizance of Solicitor General Tushar Mehta’s statement that the government has compulsorily retired 64 persons and some of them have challenged such orders which are pending in CAT. 

The bench said in its order:

“In view of this fact, it is our opinion that it would not be appropriate to consider the petition filed under Article 32 of the Constitution. We accordingly dismiss the petition and are leaving the path of legal options available before the CAT to the petitioner. “

The apex court also referred to the fact that the petitioner Ashok Kumar Aggarwal had gone to the Delhi High Court before commencing these proceedings where his petition was dismissed on the question of consideration. The petitioner then filed an appeal in the apex court against the order of the High Court. In this case, the court had given him permission to take alternative measures on October 21, 2019.

Subsequently, this officer filed a petition under Article 32. On behalf of the petitioner, Senior Advocates Mukul Rohatgi and Vikas Singh argued that this petition is worth considering in the light of the court order on October 21.

Read Also: Hathras case: Supreme Court ‘shocked’, asks UP govt to clarify if witness protection is on and if victim’s family has a lawyer

The apex court directed that if the petitioner takes the matter before CAT, it will dispose of it as soon as possible and within four months from the date of filing the petition. The government last year mandatorily retired some senior officials of the Indian Revenue Service (Income Tax) in the wake of allegations of corruption, professional misconduct and extortion.

-ILNS

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