INCOME TAX CONTINGENT EMPLOYEES UNION vs. UNION OF INDIA

CW/3791/2019HC RajasthanRJHC01017192201921 May 2019Bench: S. RAVINDRA BHAT,DINESH MEHTA1 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court granted the liberty sought by the learned counsel for the petitioners. Consequently, the writ petition was dismissed as withdrawn. The court did not delve into the merits of the case or the underlying grievance that led to the filing of the writ petition. The decision is purely procedural, allowing the petitioners to withdraw their action and pursue alternative remedies. No specific legal principles were established or applied beyond the court's discretion to grant withdrawal.

What were the facts?

The petitioners, the Income Tax Contingent Employee’s Union and its President Jagdish Solanki, filed a writ petition before the High Court of Judicature for Rajasthan at Jodhpur. The respondents were the Union of India, through the Finance Secretary, the Chief Commissioner of Income-Tax, and a Member of the Central Administrative Tribunal. The petition challenged an order or action, though the specific nature and the authority that passed it are not detailed in this excerpt. The procedural history is limited to the filing of the writ petition.

What were the issues?

1. Whether the petitioners should be granted liberty to withdraw the present writ petition to allow the aggrieved party, Mr. Jagdish Solanki, to file a separate petition for redressal. (Question of procedure) Assessee's Contention: The learned counsel for the petitioners sought liberty to withdraw the writ petition, proposing that Mr. Jagdish Solanki could pursue his grievance through a separate petition. Revenue's Contention: No arguments were recorded for the respondents in the provided text.

AI-generated summary — verify with the full judgment below

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 3791/2019 1. Income Tax Contingent Employee’s Union, Income-Tax Office, Jodhpur. (Association Of Casual Labours Of Income-Tax, Rajasthan Region). 2. Jagdish Solanki S/o Shri Lal Chand, Aged About 43 Years, R/o Babu Laxman Singh Colony, Outside Third Pole, Mahamandir, Jodhpur-342001. (President Of The Union). ----Petitioners Versus 1. Union Of India, Through The Finance Secretary, Ministry Of Finance, Department Of Revenue, Government Of India, New Delhi-110001. 2. Chief Commissioner Of Income-Tax, Paota, C-Road, Jodhpur-342010. 3. Hina P Shah, Member, Central Administrative Tribunal, Jodhpur - 342001. ----Respondents For Petitioner(s) : Mr. T.C. Gupta For Respondent(s) : --- HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DINESH MEHTA Order 21/05/2019 Learned counsel seeks liberty to withdraw the present writ petition with submission that the concerned aggrieved party namely, Mr. Jagdish Solanki may be permitted to seek redress by filing a separate petition. Liberty granted. The writ petition is dismissed as withdrawn. (DINESH MEHTA),J (S. RAVINDRA BHAT),CJ 22-MohitTak/-

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