ANIL D KATAGERI vs. THE CHIEF COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court of Karnataka, Circuit Bench at Dharwad, observed that none appeared before the Court. Consequently, the Court dismissed the writ petition. The reasoning for the dismissal is solely based on the absence of the petitioner or their counsel. No decision was made on the merits of the petitioner's claim for compassionate appointment. The operative direction is the dismissal of the petition. No issues were expressly left undecided, as the petition was dismissed without adjudication.
What were the facts?
The petitioner, Shri Anil D Katageri, filed a writ petition before the High Court of Karnataka, Circuit Bench at Dharwad. The petition was filed under Article 226 of the Constitution of India. The petitioner sought a direction to the respondents, who are various authorities within the Department of Revenue, Ministry of Finance, Government of India, to appoint him to the post of Tax Assistant on compassionate grounds. The assessment year(s) are not specified. The order under challenge is the respondents' inaction or refusal to appoint the petitioner. The procedural history is that the matter came up for orders before the Court.
What were the issues?
1. Whether the petitioner is entitled to a direction for appointment on compassionate grounds to the post of Tax Assistant, as per Article 226 of the Constitution of India. The petitioner's contention, as indicated by the prayer in the writ petition, is that he is eligible for and should be appointed to the post of Tax Assistant on compassionate grounds. The respondents' arguments are not recorded in the judgment. The judgment does not explicitly state the provisions of law or any specific precedents relied upon by the petitioner, other than Article 226 of the Constitution of India for seeking a writ of mandamus.
AI-generated summary — verify with the full judgment below
Before: SHRI ANIL D KATAGERI
WP No.62668/2011 :1: IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 3 DAY OF FEBRUARY, 2012 BEFORE THE HON’BLE MR.JUSTICE MIT J.GUNJAL WRIT PtTITLON No.62668/2011 (S-RES) BETWEEN: SHRI ANIL D KATAGERI NO. 3499/B-5, 7TH CROSS, LINGARA) NAGAR NORTH, SHIVAGIRI LAYOUT, HUBLI. 680o31 ...PtTITIONER (BY SRI.B.G.SALIMATH, ADV.(ABSENT) AND: 1. THE CHIEF COMMISSIONER OF INCOME TAX DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, BANGALORE 2. CENTRAL BOARD OF DIRECT TAX, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVT. OF INDIA NORTH BLOCK, NEW DELHI, 3. SECRETARY DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVT. OF INDIA NORTH BLOCK, NEW DELHI. ...RESPONDENTS
WP No.62668/2011 THIS PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO APPOINT THE PETITIONER ON COMPASSIONATE GROUND TO THE POST OF TAX ASSISTANT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER None appears. Dismissed. saI Jm/
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