‘Targeted Vendetta’: Supreme Court Imposes ₹5 Lakh Cost on Union Government Over ITAT Appointment Delay

Date:

Introduction

In a sharp rebuke to executive arbitrariness, the Supreme Court of India imposed ₹5 lakh in costs on the Union Government of India. The Court penalised the Centre for deliberately stalling the appointment of an Indian Revenue Service (IRS) officer to the Income Tax Appellate Tribunal (ITAT) for nearly a decade.

Importantly, the Court termed the prolonged obstruction a “targeted vendetta”. It held that the executive violated core principles of fairness, institutional integrity, and the rule of law.

Court Denounces Executive High-Handedness

The Supreme Court observed that the delay lacked any reasonable explanation. Moreover, the Court found that the inaction was neither accidental nor procedural in nature. Instead, it reflected deliberate victimisation.

The Bench clarified that once a lawful selection process recommends a candidate, the executive must act within a reasonable timeframe. It cannot delay appointments indefinitely without recorded and cogent reasons. Such conduct, the Court warned, directly undermines judicial independence and weakens public trust in tribunals.

Decade-Long Delay Held Arbitrary and Unconstitutional

Despite clearance by the competent selection authority, the government kept the officer’s ITAT appointment in limbo for over ten years. Consequently, the Court held the delay to be manifestly arbitrary.

Further, the Bench ruled that administrative discretion cannot serve as a tool of retribution. Executive authorities, it emphasised, must act fairly, transparently, and within constitutionally permissible timelines.

Costs Imposed to Deter Institutional Abuse

While imposing ₹5 lakh as exemplary costs, the Supreme Court stressed the need for financial deterrence. According to the Court, monetary consequences help curb misuse of public power.

Additionally, the Bench noted that prolonged obstruction harms not only individual officers but also impairs the functioning of adjudicatory bodies like ITAT. Such tribunals, the Court observed, play a vital role in ensuring effective tax justice. Therefore, authorities cannot hide behind procedural delays to defeat legitimate appointments.

Reaffirmation of Tribunal Independence

The judgment reinforces the judiciary’s firm stance on protecting tribunal autonomy. The Court reiterated that tribunals perform quasi-judicial functions and require insulation from executive interference.

By branding the conduct as a “targeted vendetta,” the Court sent a clear message. Institutional sabotage through delay, it warned, will invite strict judicial scrutiny and consequences.

Significance of the Ruling

This ruling significantly strengthens safeguards against:

  • Executive arbitrariness in tribunal appointments
  • Weaponisation of administrative delay
  • Erosion of adjudicatory independence

Ultimately, the decision is likely to serve as a strong precedent against bureaucratic obstruction. It also reaffirms that public power must always operate in good faith.

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