'Ego Issue': Delhi HC Disapproves Of Tax Commissioner Seeking Declaration Against Appointments Committee Of Cabinet Over Delay In Promotion

The Delhi High Court rejected the petition filed by the Principal Commissioner of Income Tax, seeking a declaration against the Appointments Committee Of Cabinet (ACC) which promoted him to the post with purported delay.Calling the petition to have stemmed from the officer's “ego issue”, the division bench of Justices C. Hari Shankar and Ajay Digpaul fell one step short of imposing costs upon him. It observed,“We fail to understand how such a stand can be raised. As a beneficiary of the promotion to the post of Principal CIT, with effect from 19 March 2021, which was after approval had been obtained by the ACC for the said promotion, it can clearly not lie in the mouth of the petitioner who now seek to contend that the case should not have been processed through the ACC. If the petitioner is to be permitted to raise such a contention, it would require him to forego his promotion to the post of Principal Commissioner, CIT. Moreover, the declaration the petitioner seeks from the Court, appears to be more of an ego issue than anything else.”The Petitioner, aggrieved by the fact that he had not been promoted to the cadre of Principal Commissioner of Income Tax, had first approached the Central Administrative Tribunal.During the pendency of his petition there, he was promoted to the post in March 2024, against vacancies of the panel year 2019.The Petitioner then forgave his claims to costs and interests but insisted that the Tribunal make a declaration that the ACC had acted illegally in not promoting him.As the Tribunal did not accede to this request, the Petitioner approached the High Court invoking its writ jurisdiction.The Court dismissed the petition as “misconceived” but refrained from imposing costs as the Petitioner was appearing in person.Appearance: Mr. Baldev Shekhar, CGSC with Mr. Rajkumar Maurya, GP and Mr. Krishna Chaitanya, Adv. for RespondentCase title: Ramesh Chander v. The Chairman Central Board Of Direct Taxes, & Ors.Citation: 2025 LiveLaw (Del) 286Case no.: W.P.(C) 2537/2025Click here to read order

'Ego Issue': Delhi HC Disapproves Of Tax Commissioner Seeking Declaration Against Appointments Committee Of Cabinet Over Delay In Promotion

Kapil Dhyani