Patna High Court
Binod Kumar Sinha vs The Union Of India on 13 September, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.87 of 2022
In
Civil Writ Jurisdiction Case No.1558 of 2021
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Binod Kumar Sinha S/o Late Mithlesh Prasad R/o - 202 Nandi Vatika, Dheera
Chak, Near Sai Mandir, Patna - 800002.
... ... Appellant/s
Versus
1. The Union of India Through its Secretary, Department of Revenue, Ministry
of Finance, government of India, New Delhi.
2. Chairman, Central Board of Director Taxes, Department of Revenue,
Ministry of Finance, government of India, New Delhi.
3. Secretary, Central Board of Director Taxes, Department of Revenue,
Ministry finance, Government of India, New Delhi.
4. Under Secretary, Central Board of Direct Taxes, Department of Revenue,
Ministry of Finance, Government of India, New Delhi.
5. Joint Director, Data base Cell, Central Board of Direct Taxes, Department of
Revenue, Ministry of Finance, Government of India, New Delhi.
6. Principal Chief Commissioner of Income Tax, Central Revenue Building,
Patna.
7. Principal Chief Commissioner of Income Tax, Central Revenue Building,
UP (East), Luckno.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. P.N. Shahi, Sr. Advocate
Mr. Pankaj Kumar Sinha, Advocate
Mr. Devesh Shankaran, Advocate
For the Respondent/s : Mr. Praveen Kr. Sinha, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 13-09-2023
The appellant was aggrieved by a transfer, of the
year 2018 challenged in 2021. The learned Single Judge
Patna High Court L.P.A No.87 of 2022 dt.13-09-2023
dismissed the writ petition on the ground of the long delay in
challenging the order. As of now, the appellant is retired from
service. The appellant, however, contends that there was a
prayer in the writ petition against the denial of salary. The
contention of the appellant is that though by Annexure-11, the
appellant was relieved; by the time he attempted to join the post,
to which he was transferred, another person had occupied the
post as is seen from Annexure-15 at page-60 of the writ petition.
2. Merely from Annexure-15, it cannot be
presumed that the person, who took over was the person posted
as Joint Commissioner of Income Tax, Range-2, Moradabad.
When a person is transferred from a post there is a temporary
handing over of charge to another officer, so as to facilitate the
new incumbent to join, after availing the joining time.
3. In any event, this a matter which has to be
considered by the respondent no.2. If a representation is made to
the respondent no. 2, the matter shall be considered and decided
on the facts coming out from the records.
4. We make it clear that we have not made any
observation as to the entitlement of the appellant for salary,
which shall be considered at the sole discretion of respondent
no. 2; but in accordance with law.
Patna High Court L.P.A No.87 of 2022 dt.13-09-2023
5. The appeal stands dismissed, however, with the
above reservation.
(K. Vinod Chandran, CJ)
( Partha Sarthy, J)
aditya/-
AFR/NAFR
CAV DATE
Uploading Date 15.09.2023.
Transmission Date
