PR. COMMISSIONER vs. M/S GURU KRIPA RURAL DEVELOPMENT EDUCATIONAL AND RESEARCH TRUST

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CCC No.1 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE O9TH DAY OF MARCH, 2023 PRESENT THE HON'BLE MR JUSTICE B.VEERAPPA AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 1 OF 2021 BETWEEN: 1. SMT. ANURADHA GOYAL W/O SATISH GOYAL AGED 64 YEARS R/AT FLAT NO 04, DHEERAJ MANOR. 24, KENSINGTON ROAD ULSOOR, BENGLAURU-560008 2. SRI PRAVIN KISHORE PRASAD S/O LATE NAWAL KISHE PRASAD, AGED 60 YEARS FLAT NO.1302, TOWER-12, L AND T RAINTREE BOULEVARD, BYATARAYANAPURA, BELLARY ROAD, BENGALURU-560092. 3. SRI SATISH GOYAL S/O SATISH GOYAL AGED 63 YEARS R/AT FLAT NO 304, DHEERAJ MANOR. 24, KENSINGTON ROAD ULSOOR, BENGLAURU-560008 …COMPLAINANTS (COMPLAINANTS PARTY-IN-PERSON) Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka

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CCC No.1 of 2021 AND: 1. SRI PRAMOD CHANDRA MODY CHAIRPERSON CENTRAL BOARD OF DIRECT TAXES NORTH BLOCK NEW DELHI-110001. 2. SRI RAJENDRA SINGH (AD.I) MR. S.A. ANSARI (AD.II) UNDER SECRETARY UNION OF INDIA MINISTRY OF FINANCE NORTH BLOCK NEW DELHI-110001. …ACCUSED (BY SRI VENKATARAMANI R.V., ATTORNEY GENERAL OF INDIA; A/W SRI SHASHANK BAJPAI, CGC; SRI SANKARA NARAYANAN, ASGI; AND SRI C. SHASHIKANTHA PANEL COUNSEL FOR A1 AND A2)

CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE DIRECTIONS ISSUED BY THIS HON'BLE COURT IN W.P.NO.25502/2018 DATED 21.01.2020 PRODUCED AS ANNEXURE-B, IN ACCORDANCE WITH SECTION 12 OF THE CONTEMPT OF COURT ACT, BY SENTENCING THESES ACCUSED TO 6 MONTHS SIMPLE IMPRISONMENT AND WITH FINE.

THIS PETITION, COMING ON FOR ORDERS, B. VEERAPPA J., MADE THE FOLLOWING: O R D E R

The present contempt petition is preferred by complainants praying to take action against the accused under

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CCC No.1 of 2021 the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971 for willful disobedience of the order dated 21st January, 2020 made in Writ Petition No.25502 of 2018, allowing the writ petition by setting aside the order dated 07th February, 2018 made in Original Applications No.621-623 of 2016 and directed the respondents to ensure that the notional promotion is considered to the petitioners, as was done in the case of D.B. Manival Raju, applicant in Original Application No.170/01698/2015, which was disposed of by the Tribunal on 21st June, 2017, in not later than ninety days from the date of receipt of copy of the said order. Subsequently, Review Petition came to be filed before this Court, which came to be disposed of on 18th April, 2022 and against the said order, the respondent-accused, filed Special Leave Petition (Civil) Diary No.20449 of 2022 before the Hon'ble Supreme Court and the Hon'ble Supreme Court by the order dated 12th September, 2022, while condoning delay, issued notice to respondents.

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CCC No.1 of 2021 made in F.No.C-18011/26/2016-Ad.VI passed by the Under Secretary to Government of India, Ministry of Finance Department of Revenue, Central Board of Direct Taxes, copy of which is produced along with the Memo and the operative portion of the order at paragraph 15 reads as under:

"15. Now, therefore, after considering the entire issue I a holistic perspective and with specific reference to the decision of the Hon'ble CAT Bangalore Bench in OA No.1698 of 2015 (in the case of Shri D.B. Manival Raju), more specifically the discussion made about the decision of Hon'ble CAT in para 6 above and considering the fact that Mrs. Anuradha Goel superannuated on 30.09.2013 (well before the date of DPC), which is similar to the decision in the case of Sri D.B.Manival Raju and with the appeal of the competent authority and in compliance of the order dated 21.01.2020 of the Hon'ble High Court of Karnataka, Smt. Anuradha Goyal, IRS (Retd.) (82009), Shri Pravin Kishore Prasad, IRS (Retd.), (82033) and Shri Satish Chand Goyal IRS (Retd.) (82050) are hereby, promoted to the grade of Principal Commissioner of Income Tax (Pr. CIT) [pay scale of Rs.67,000-79,000/- (pre-revised)] for the vacancy year 2013-14, notionally w.e.f. 23.05.2013 I personam, subject to final outcome of SLP Nos.16468-16469/2022."

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CCC No.1 of 2021 Bajpai, Central Government Counsel and Sri Sankara Narayanan, Additional Solicitor General of India, South Zone;, appearing for accused along with Sri C. Shashikantha, learned Panel Counsel for the Department, submits that the order passed by the learned Single Judge has been complied with subject to the result of Special Level Petitions (Civil) No.16468- 469 of 2022 pending before the Hon'ble Supreme Court. Thereby, the learned Attorney General of India submits that the contempt proceedings be closed subject to the result of Special Leave Petition pending between the parties. The said submission is placed on record. The complainants, who are present before this Court, have not disputed the order dated 07th March, 2023, passed by accused, promoting all the complainants on par with Sri D.B. Manival Raju, for the vacancy of the year 2013-14 in the Pay scale of Rs.67,000-79,000/- (pre-revised). Further, Sri R.V. Venkataramani, learned Attorney General of India, assured the Court that as early as possible the order will be implemented and the Special Leave Petitions will be heard before the Hon'ble Supreme Court immediately after Holi vacations. The said submission is placed on record.

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CCC No.1 of 2021

ii) Liberty is reserved to the complainants to file fresh contempt petition or revival application, in case the accused do not comply with the order dated 07th March, 2023 in its true spirit, within the reasonable period after the disposal of the Special Leave Petition, if the accused fail to succeed. Sd/- JUDGE Sd/- JUDGE LNN List No.: 1 Sl No.: 14