Heard  Shri M.S.Trivedi, learned counsel for the applicant on the defects raised by the Registry in scrutinizing the OA.  

       The first defect raised by the Registry is “Limitation point not explained”. 

       We may observe that Registry has not specifically stated that the OA is not in time. But only stated at para 03 of the OA in which a statement is required to be made pointing out as to how the OA is within the period of limitation, is not explained. Therefore, it can't be faulted. 

      With regard to the Defect No.2 i.e. "seniority list not attached", Shri M.S.Trivedi submits that the applicant has not challenged the validity of any particular order.  On the other hand, the prayer of the applicant in this OA is to quash and set aside action on the part of the respondents in initiating process for promotion to the post of ACIT on the basis of Communication No.23012/4/2012/Ad.VI  dated 01-09-2015.

          We are satisfied with the submission of Shri M.S.Trivedi with regard to the defects raised by the Registry insofar as Defect Nos.1 & 2 are concerned.  Hence, Defect Nos.1 and 2 are ignored.

       So far the Defect Nos.3 & 4 raised by the Registry are concerned, the same are sustained.

       Learned counsel for the applicant is directed to cure the Defect Nos.3 & 4 raised by the Registry by the next date of hearing.

      Shri M.S.Trivedi, learned counsel for the applicant submits that the matter may be taken up by tomorrow.

     At his request, the matter is adjourned to 03-02-2017.