Wednesday, May 21, 2014

CBDT TO ISSUE UNIFORM GUIDELINE FOR NR PARMAR CASE IMPLEMENTATION.. JCA REQUEST

In an affidavit submitted by the CBDT to the Supreme Court, against the appeal filed by some DR ITIs on the ground of Contempt of Court, the CBDT has assured SC the seniority of the officers are being re-fixed in the light of the recent Supreme Court order. The CBDT has submitted that a draft seniority list of officers since 1986 has been prepared and circulated to all the members inviting for objections if any from them.


On the other hand the ITGOA, as each CCIT is taking his own interpretation on the DOPT’s  OM dtd 4-3-2014, it has requested the CBDT, to issue uniform guidelines for implementation of the NR Parmar Judgment.


In this back ground the CBDT, has asked the DOPT and then the DOPT in its clarification dtd 1-5-2014, has confirmed that entire issue of seniority of the officers of the Income-tax Department would have to be revisited in compliance of the judgment of the Supreme Court.


Another interesting development is the Supreme Court in its order dtd 9-5-2014, disposing Contempt of Court Appeal filed by some DRs, has directed the Board to re-fix the seniroty of the officers within 4 weeks of time. Further the SC has stated ‘Needless to mention, that respondent no.1 and 2 (Chairman and CCA, Gujarat) shall be personally responsible, for ensuring compliance of the undertaking given to the above terms.  But the Board in its reply has talked about only for the Gujarat Charge.

Here the big question is the Board, which is the governing body for all the CCAs, can take different stand to different Regions? Certainly No.

Futher, the JCA in its letter dtd 20-05-2014 has requested CBDT, if any further instruction to the CCAs are being contemplated on the basis of the opinion now rendered by the DOPT, the “advisory”, referred to above, arrived by agreement by all stake holders may also be communicated to the CCAs for implementation of the Supreme Court judgement in a uniform manner in all the CCA Regions. 

So, friends, the Board is going to issue clear and uniform circular to all the CCAs for implementation for  all the cadres in all the regions to close the Pandora’s Box.

PLEASE CLICK HERE FOR COPY OF SC's CONTEMPT OF COURT ORDER.

PLEASE CLICK HERE FOR COPY OF JCA's LETTER TO CBDT DTD 20th May 2014.


5 comments:

Anonymous said...

beautiful information bhayya....thank you very much.

Anonymous said...

what is so beautiful about it ???.

Anonymous said...

parmar should be implemented for all cadres form 86 onwards..

Anonymous said...

Thats what ITEF is telling Parmaar judgement should be implemented for all DR cadres where ever DR posts are there and not alone to the cadre of ITI only. But these over enthusiastic DRs filed CAT stay appeal etc., WE have to wait for administration to revise the seniority for all cadres from lowest to higher cadre so that correct seniority should be fixed as per law.

N.R. PARMAR said...

I am N. R. Parmar, direct party in the much debated N.R.P. case. How many of the employees of the Department had ever read this judgement thoroughly and understood. Our present Principal CCIT, Shri S. K. Ray confessed before me in the presence of 25 members of ITEF in a meeting in his chamber, that he has not yet gone through this judgement and hence cannot make any comments on discussion. If this is the petiable confessin from the highest authority of Gujarat Region, how can I expect that all the concerned employees had gone through the judgement and understood. Therefore, a separate blog is required to be created so as to have overall discussion over the issue. IF YOU HAVE HEARD A STORY OF ELEPHANT AS SEEN BY FIVE BLINDS, YOU WILL REALISE HOW THE JUDGEMENT IS INTERPRETED BY EVERY BODY WITH CLOSED EYES AND ON HEARSAY.