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Delay in IRS Appointment At ITAT: SC Issues Notice to DoPT Secretary in Contempt Case

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The Supreme Court of India has issued notice to Rachna Shah, IAS and Secretary of the Department of Personnel and Training (DoPT), in a contempt petition alleging non-compliance with its earlier directions regarding the appointment of an Indian Revenue Service (IRS) officer to the Income Tax Appellate Tribunal (ITAT).

The bench of Justice Vikram Nath and Justice Sandeep Mehta was hearing the contempt petition filed by retired naval officer Captain Pramod Kumar Bajaj. The petitioner has sought enforcement of the Court’s judgment dated January 30, 2026, in which the Union Government was directed to consider his appointment as Member (Accountant) of the ITAT within a stipulated time frame.

In its earlier ruling, the apex court had directed the Union Government to convene a meeting of the Search-cum-Selection Committee (SCSC) within four weeks to consider Bajaj’s candidature for the post. The Court had further ordered that the decision of the committee be communicated to the petitioner within two weeks thereafter.

According to the contempt plea, the government has allegedly failed to comply with these directions, prompting the petitioner to approach the court seeking action against the concerned officials. Taking note of the allegations, the bench issued notice to the DoPT Secretary, making it returnable on April 14, 2026. For the time being, the court dispensed with the personal appearance of the respondents.

The dispute stems from a prolonged appointment process that has spanned several years. The petitioner has contended that despite undergoing nearly four separate selection processes, his appointment to the tribunal was repeatedly stalled by the authorities. He has alleged that at various stages, “cooked-up charges” were raised against him to prevent his selection.

In its January 2026 judgment, the Supreme Court had strongly criticised the Union Government for allegedly creating obstacles in the petitioner’s appointment despite his recommendation by a duly constituted SCSC. Notably, in 2014, Bajaj had secured All India Rank 1 in the selection process conducted by a committee chaired by a sitting Supreme Court judge.

The bench had observed that the respondents had “deliberately created hurdles in the path of the petitioner by either putting up cooked-up charges or failing to ensure compliance with the orders passed by various fora.” The Court also imposed costs of ₹5 lakh on the Union Government for the prolonged delay and the manner in which the appointment process was handled.

Consequently, the Court had directed the DoPT to convene a fresh meeting of the SCSC within four weeks to reconsider Bajaj’s candidature, while ensuring that the concerned officer previously involved in the matter was excluded from the proceedings. The outcome of the committee’s deliberations was to be communicated to the petitioner within two weeks of the meeting.

With the petitioner alleging that these directions remain unimplemented, the matter has now returned to the Supreme Court in the form of a contempt petition, raising questions about compliance with judicial orders in appointments to key quasi-judicial bodies such as the ITAT.

The case will now be taken up for further hearing on April 14, 2026.

Case Details

Case Title: Captain Pramod Kumar Bajaj Versus Rachna Shah

Case No.: Contempt Petition (C) No. 111/2026 In W.P.(C) No. 1180/2025

Date: 10-03-2026

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Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

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