A Bench of Justice U.U. Lalit and Justice Vineet Saran dismissed the contempt petition observing that no contempt has been made out.
The contempt petitions was filed by former Income Tax commissioner S.K. Srivastava.
Srivastava was Commissioner (Appeal) Noida and among the 12 senior officers of the Income Tax department who were given compulsory retirement under Rule 56 by the Finance Ministry last month.
He said that the Secretary was in contempt of the apex court’s order as
disciplinary proceedings against him had not been concluded within six months from the date of the top court’s order.
The court has directed the officer to file its representation on merits against the notice issued to him by the disciplinary authority within two weeks.
The court also directed him that he may request for an oral hearing, which would be considered in accordance with the law.