HC directs personal appearance of Additional Commissioner Income Tax

"To Play Against The Orders Of Court Is To Play Against The Fire"


Srinagar, Jan 4: The Jammu and Kashmir High Court Friday directed personal appearance of Additional Commissioner, Income Tax Department, Range -3, Srinagar, to explain reasons for violating court direction in transfer case of an officer.
A bench of Justice Yaqoob Mir passed the directions on a contempt petition directing the Additional Commissioner, Income Tax to appear in person on the next date of hearing on January 28 to explain the reasons for violating the court order.
Earlier the same bench had passed directions on a service writ petition on December, 26, 2012 putting the transfer order of petitioner, Muhammad Altaf Bhat, Administrative Officer, Income Tax Department, in abeyance after he had approached the court to challenge the order.  
However, the Additional Commissioner of Income Tax issued a relieving order on December 31, 2012, despite having been served with the court order dated Dec 26, 2012.
The relieving order dated Dec 31, 2012 had forced the petitioner to file the contempt petition against the respondents.
Passing strictures against the respondents, the court held, “Orders of the courts are meant for implementation not for derogation.”
“Any person/authority whosoever and of whatsoever level must know that to play against the orders of court is to play against the fire” the court directed.
It said if any person or authority dares to violate court orders, he must be ready to face consequences.
The court said the order issued by the concerned authority on December, 31, 2012 is prima facie brazen violation of the order, which the court passed on December, 26, 2012.
The court directed the respondents to ensure that its order dated December, 26, 2012 is implemented in letter and spirit irrespective of the order issued by the Additional Commissioner of Income Tax, Range-3 on Dec 31, 2012. 

Brief history:
The petitioner Muhammad Altaf Bhat had approached the court through the medium of a writ petition seeking quashment of his transfer order.
The court vide order dated Dec 26 put the transfer order in abeyance on the ground that “. . . the position of the petitioner is precarious as he has to take care of 60 year old unmarried sister, who is physically handicapped and mentally retarded.”

Lastupdate on : Fri, 4 Jan 2013 21:30:00 Makkah time
Lastupdate on : Fri, 4 Jan 2013 18:30:00 GMT
Lastupdate on : Sat, 5 Jan 2013 00:00:00 IST

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