ARVIND KUMAR SONI vs. INCOME TAX DEPARTMENT

CW/14072/2023HC RajasthanRJHC01066124202318 September 2023Author: DINESH MEHTA1 pages

AI SummaryDismissed

What did the High Court hold?

The High Court held that the grievance raised by the petitioner, who is serving in the Income Tax Department, is required to be agitated before the Central Administrative Tribunal. Consequently, the High Court did not entertain the present writ petition. The petitioner was granted liberty to approach the Central Administrative Tribunal in accordance with the law. The writ petition and the stay application were disposed of on this basis. No decision on the merits of the petitioner's grievance was made by the High Court.

What were the facts?

The petitioner, Arvind Kumar Soni, an employee of the Income Tax Department serving as a Senior Tax Assistant, filed a writ petition before the High Court of Judicature for Rajasthan at Jodhpur. The grievance raised by the petitioner pertained to his service within the Income Tax Department. The respondents are the Income Tax Department and specific officials within it. The writ petition was filed on September 18, 2023. The petitioner was relieved from his duty station in Jodhpur for a duty station in Udaipur.

What were the issues?

1. Whether the grievance raised by the petitioner, an employee of the Income Tax Department, is required to be agitated before the Central Administrative Tribunal, and not the High Court. Assessee's Contention: The petitioner, through Ms. Kiran Kachhawaha, approached the High Court with a grievance related to his service. No specific arguments were recorded for the petitioner regarding the jurisdiction of the High Court versus the Central Administrative Tribunal. Revenue's Contention: The respondents did not present any arguments before the High Court. However, the Court's order implies that the matter falls under the purview of the Central Administrative Tribunal.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

[2023:RJ-JD:30263] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14072/2023 Arvind Kumar Soni S/o Shri Shankar Lal Soni, Aged About 33 Years, R/o Chanakya Nagar, Lal Sagar, Mandor, Jodhpur (Raj.). - Relieved As Senior Tax Assistant, O/o Deputy Commissioner Of Income Tax (Central Circle)-I, Jodhpur (Raj.) For Duty Station - O/o Ccit Udaipur (Raj.). ----Petitioner Versus 1. Income Tax Department, Through Principal Commissioner Of Income-Tax (Central), Room No. 402, 4Th Floor, Jeevan Nidhi-2 (Lic Building), Bhawani Singh Road, Ambedkar Circle, Jaipur (Raj.). - 302005. 2. Shri Krishan Kumar, Deputy Commissioner Of Income Tax Central Circle-2, Income Tax Department, Aaykar Bhawan, Paota C Road, Jodhpur (Raj.) - 342006. 3. Shri Karni Dan, Joint Commissioner Of Income Tax, Central Range, Income Tax Department, Aaykar Bhawan, Paota C Road, Jodhpur (Raj.) - 342006. ----Respondents For Petitioner(s) : Ms. Kiran Kachhawaha For Respondent(s) : -- JUSTICE DINESH MEHTA

Order 18/09/2023

The petitioner is serving in Income Tax Department and the grievance raised in the present writ petition is required to be agitated before Central Administrative Tribunal.

The present writ petition is therefore, not entertained. The petitioner shall, however, be at liberty to approach the Central Administrative Tribunal in accordance with law.

The writ petition so also the stay application stands disposed of. (DINESH MEHTA),J 94-AbhishekS/- Powered by TCPDF (www.tcpdf.org) (Uploaded on 18/09/2023 at 06:31:46 PM) (Downloaded on 28/10/2026 at 12:02:18 AM)

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