The government is in a fix over the directive of the Central Administrative Tribunal (CAT) to consider Narinder Singh, a member of the Central Board of Direct Taxes (CBDT), for the post of CBDT chairman with retrospective effect.
As it cannot demote the existing chairman S S N Moorthy after appointing him in February 2009 for two years, the government may now move court against the CAT order.
“It is not possible to demote Moorthy now. The government may also think of challenging the CAT’s directive in the high court,” a government official said.
CAT, the body for resolving disputes related to the recruitment and conditions of service of government officials, has asked the government to implement its order in 3 months.
“Singh has said that the selection took place based on incorrect facts. CAT has also agreed that some error was made during the selection process,” the official added.
Moorthy’s name was suggested by the selection committee of secretaries, comprising the revenue secretary, and approved by the Appointments Committee on the Cabinet. Singh had moved the tribunal saying he was overlooked for the post of CBDT chairman despite being senior to Moorthy.
Singh, a 1972-batch Indian Revenue Services (IRS) officer, was appointed a member of the board in August this year. Earlier he was director-general of Income Tax (Exemptions). He is due to retire on May 31, 2010, whereas Moorthy, a 1973-batch IRS officer, will continue in the government service till December 2010.
