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As per case facts, the petitioner, a disabled Armed Forces veteran who became an IRS officer, was ranked first for appointment as Member (Accountant), ITAT. His appointment was repeatedly stalled
...by adverse inputs from a matrimonial dispute, withholding of vigilance clearance, placement on an "Agreed List," a charge memorandum, suspension, and ultimately a compulsory retirement, despite favorable court orders. The Supreme Court previously quashed his compulsory retirement, citing high-handed and mala fide departmental actions. Following non-compliance and contempt proceedings against an Officer, the charge memorandum was dropped. However, instead of appointment, the petitioner faced a fourth selection committee, which included the same Officer who had faced contempt, leading to the rejection of his candidature. The question arose whether the SCSC's decision was vitiated by bias due to the presence of an Officer who had faced contempt proceedings from the petitioner. Finally, the Supreme Court concluded that the Officer's presence created a reasonable apprehension of bias and violated natural justice. The Court set aside the SCSC's decision and directed a fresh committee without the biased Officer, imposing costs for the respondents' deliberate obstruction.
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