Jharkhand State Commercial Taxes Bar Association Through P. K. Lala, Secretary And Court On Its Own Motion v. State Of Jharkhand
2005-01-20
N.N.TIWARI, SUDHANSU JYOTI MUKHOPADHAYA
body2005
DigiLaw.ai
ORDER 1. This Public Interest Litigation was preferred by the petitioner for a direction on the respondents to appointed the Chairman and the Members of the Commercial Taxes Tribunal, Jharkhand at Ranchi and to provide the infrastructure in the said tribunal for its proper and smooth functioning in public interest. 2. During the pendency of the writ petition and in view of one or other order passed by this Court, the State of Jharkhand has already appointed the Chairman of the Commercial Taxes Tribunal and the Member (Accounts). One post of Member (Departmental) is lying vacant. It is informed that the post of the Member (Departmental) is being filled up by posting of a senior Joint Commissioner, Commercial Taxes Department. 3. A supplementary counter affidavit has been filed on behalf of both the respondents. Mrs. Alka Tiwary, Commissioner -cum-Secretary, Finance (Commercial Taxes) Department, Jharkhand referred to the supplementary counter affidavit filed by respondents and informed the problems in immediate posting of Member (Departmental). It is informed that as per Rule 33 of the Jharkhand Sales Tax Rules, the post of Member (Departmental) has to be filled up by an officer of the Commercial Taxes Department of the State, not below the rank of Joint Commissioner. Though there are 13 sanctioned posts of the Joint Commissioner in the State of Jharkhand, but only two officers are available, rest of the post are vacant. The Department is facing problem in manning the posts of Joint Commissioner, including the post of Member (Departmental) of Tribunal and the Joint Commissioner (Appeal), which is also vacant. 4. The Secretary informed that the Department has already taken steps to grant regular promotion to the State Finance Service Officers and once promotion is granted and necessary clearance is obtained from the Election Commis sioner. There will be sufficient availability of the Joint Commissioner rank officers to fill up the crucial posts. 5. Having heard counsel for the petitioner, State of Jharkhand and the Com missioner-cum-Secretary, Finance (Commercial Taxes) Department, Jharkhand, we are of the view that the State Government should fill up the posts of the Member (Departmental) of the Tribunal, Joint Com missioner (Appeal) and other posts of the Joint Commissioner, Commercial Taxes, immediately in public interest.
5. Having heard counsel for the petitioner, State of Jharkhand and the Com missioner-cum-Secretary, Finance (Commercial Taxes) Department, Jharkhand, we are of the view that the State Government should fill up the posts of the Member (Departmental) of the Tribunal, Joint Com missioner (Appeal) and other posts of the Joint Commissioner, Commercial Taxes, immediately in public interest. The respondents are, accordingly, directed: (i) To fill up the post of Member (Departmental) of the Commercial Taxes Tribunal from amongst one of the available senior most Joint Commissioners within 15 days from the date of receipt/ production of a copy of this order, (ii) They will take steps and fill up the vacant posts of Joint Commissioner on regular basis within eight weeks from that date of receipt/production of a copy of this order. In the meantime respondents well make adhoc arrangement by posting the Senior Deputy Commissioner of Commercial Taxes, who are eligible and fit, so that the work of the State may not suffer and the post of Joint Commissioner (Appeal) is also filled up. We have noticed that the State Government earlier had made such adhoc arrangement and posted senior most Deputy Commissioners as In-charge Joint Commissioners. (iii) The post of Joint Commissioner (Appeal) be also filed up immediately but not later than the period of eight weeks from the date of receipt/production of a copy of this order. 6. So far as filling up the sanctioned post of Ministerial Staffs of the Tribunal, infrastructure etc. are concerned, the Chairman of the Tribunal may take up the matter with the Commissioner-cum-Secretary, Finance (Commercial Taxes) Department, Government of Jharkhand, In such a case the Commissioner-cum- Secretary, Finance (Commercial Taxes) Department and the State of Jharkhand will resolve the problems without any undue delay. 7. The Model Code of Conduct imposed by the Chief Election Commissioner will not come in the way of implementation of the Courts order, but the State Government may inform it to the Chief Election Commissioner. 8. The writ petition stands disposed of with the aforesaid observations and directions.