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2025 DAILYLAW 75686 (KAR)

VIVEK CHOUDHARY v. UNION OF INDIA

WP/35185/2024 · 2025-08-14

K V Aravind, S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31567-DB WP No. 35185 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 35185 OF 2024 (S-CAT) BETWEEN: 1. VIVEK CHOUDHARY S/O SHRI BHOPAL SINGH, AGED ABOUT 30 YEARS, R/O C-115, BLOCK B, INCOME TAX COLONY, JALAHALLI, BANGALORE-560013. 2. PAVAN KUMAR S/O SHRI SHIV RAM, AGED 32 YEARS, QUARTER NO.89, INCOME TAX AND CENTRAL GST, STAFF COLONY, JAYAMAHAL, BENGALURU-560046. 3. NITESH KUMAR S/O SHRI PARMEEL SINGH, AGED 29 YEARS, BLOCK 10 8 22 INCOME TAX CALONY JALAHALLI, BENGALURU- 560013. 4. NIRAJ KUMAR TIWARI S/O SHRI BRAJENDRA TIWARI, AGED 27 YEARS, B 62, BLOCK-13, INCOME TAX COLONY, JALAHALLI, BENGALURU-560013. 5. VIPIN KUMAR S/O SHRI ISHRAWARI SINGH, AGED 32 YEARS, C-63 BLOCK-5, INCOME TAX COLONY, JALAHALLI, BENGALURU -560013. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31567-DB WP No. 35185 of 2024 6. VISHAL KUMAR S/O SHRI NARESH KUMAR, AGED 30 YEARS, BLOCK 10 B 21, INCOME TAX COLONY, JALAHALLI, BENGALURU 560013. 7. VIPIN KUMAR S/O SHRI CHANDRAPAL SINGH, AGED 30 YEARS, 44, INCOME TAX AND CENTRAL GST STAFF COLONY, JAYAMAHAL, BENGALURU-560046. 8. MADHURI LATHA. INDUPALLI D/O SHRI RATNA KUMAR. I, AGED 34 YEARS, 465 17G, MAIN ROAD, KORAMANGALA, BENGALURU 560095. 9. MAHFOOJ ALAM S/O SHRI ISLAMUDDIN, AGED 28 YEARS, B-46, INCOME TAX QUARTERS, JAYAMAHAL, BANGALORE-560046. 10. RAHUL NAG S/O SHRI VINOD KUMAR NAG, AGED 27 YEARS, 43, INCOME TAX AND CENTRAL GST STAFF COLONY, JAYAMAHAL, BENGALURU-560046. 11. MD SHAHEED S/O SHRI MD KALAMUDDIN, AGED 30 YEARS, NO.130, 5TH CROSS, DINNUR, R T NAGAR, BANGALORE-560032. …PETITIONERS (BY SRI. TARSEM CHAND GUPTA, ADV.) AND: 1. UNION OF INDIA THROUGH THE FINANCE SECRETARY, - 3 - HC-KAR NC: 2025:KHC:31567-DB WP No. 35185 of 2024 MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110001. 2. PR. CHIEF COMMISSIONER OF INCOME-TAX, KARNATAKA AND GOA, QUEENS ROAD, BANGALORE-560001. …RESPONDENTS (BY SRI. B PRAMOD, CGC FOR R1) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THAT THE TRIBUNAL ORDER DATED 20.11.2024 IN OA NO-647/2024 ANNEXURE-A, MAY KINDLY BE QUASHED AND SET ASIDE THE TRIBUNAL DIRECTION TO STAY THE OPERATION OF THE RESPONDENTS REVERSION ORDER DATED 14.10.2024 ANNEXURE-A1 OF OA TILL DISPOSAL OF THE OA BY THE TRIBUNAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE K.V. ARAVIND) This writ petition is by the applicants directed against the order dated 20.11.2024 in O.A.No.647/2024 passed by the Central Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’). 2. The petitioners joined the services in the Income Tax Department in the year 2019 as - 4 - HC-KAR NC: 2025:KHC:31567-DB WP No. 35185 of 2024 Stenographers Grade-II and they were promoted as Stenographers Grade-I by order dated 01.12.2022. The respondents by order dated 14.10.2024 reverted the petitioners as Stenographers Grade-II, without providing an opportunity of being heard. Challenging the said order of reversion, petitioners preferred application before the Tribunal with an interim prayer. The Tribunal under impugned order dated 20.11.2024 considering the contentions raised, issued notice to the respondents. 3. Learned counsel Sri.Tarsem Chand Gupta appearing for the petitioners submit that, prima-facie case was made out before the Tribunal. It is submitted that the reversion from Stenographers Grade-I to Stenographers Grade-II without opportunity to the petitioners is unsustainable. Hence, the Tribunal committed error in not passing the interim order of stay of reversal of promotion. 4. Per contra, learned Central Government Counsel Sri.B.Pramod for respondent No.1 submits that - 5 - HC-KAR NC: 2025:KHC:31567-DB WP No. 35185 of 2024 the order impugned before the Tribunal was passed giving effect to the earlier order passed by the Tribunal dated 22.08.2024 in O.A.No.449/2021 which was based on the Hon'ble Apex Court in the case of PRATHIBHA RANI AND OTHERS VS. UNION OF INDIA AND OTHERS, (rendered in CIVIL APPEAL No.3793/2019, decided on 10.04.2019). Learned Central Government Counsel submits that the respondents have completed the pleadings and the matter is posted for final hearing. 5. Having regard to the limited issue raised in this writ petition, this Court is not inclined to interfere with the order of the Tribunal for the reasons stated below: 6. The order impugned is dated 20.11.2024. As submitted, the pleadings are completed and there is no impediment for final hearing of the application itself. As submitted by learned Central Government Counsel for respondent No.1, the application is taken up by the Tribunal for final hearing. In that view, the writ petition - 6 - HC-KAR NC: 2025:KHC:31567-DB WP No. 35185 of 2024 can be disposed of with a limited observation, requesting the Tribunal to expeditiously dispose of the application. 7. Except the above observations, writ petition is not entertained. All contentions of the parties are left open. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 18