Uttarakhand High Court Judge Recuses From Hearing AIIMS Delhi's Writ Plea Involving IFS Officer Sanjiv Chaturvedi

Justice Rakesh Thapliyal of Uttarakhand High Court last week recused from hearing a writ petition filed by All India Institute of Medical Sciences (AIIMS), Delhi against an order of Nainital Bench of Central Administrative Tribunal (CAT) concerning whistleblower Indian Forest Service (IFS) Officer Sanjiv Chaturvedi.

When the matter came up for hearing before the bench comprising Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal on May 10, an order was passed by the bench to list the matter before another bench, of which Justice Thapliyal is not a member.

The matter in brief

Essentially, AIIMS Delhi has challenged the order of the Nainital Bench of the Central Administrative Tribunal (CAT) of February 2023 wherein it ordered the Union Health Ministry and AIIMS to produce the records of all such corruption cases which were investigated by Chaturvedi, however, they were later on closed after Chaturvedi was removed as the Chief Vigilance Officer (CVO) of the Institute.

The order was made on Chaturvedi's plea who had moved the Tribunal claiming that during his two-year stint as CVO from June 2012 to August 2014, he had unearthed and investigated many corruption cases involving senior officers and doctors of AIIMS, however, after he was removed from the post, he was awarded zero grading in his Annual Performance Appraisal Report in the financial year 2015-16.

He had alleged in his plea that his performance appraisal report was downgraded as a ‘vindictive action’ since he had opened an investigation into corruption cases concerning influential people. Therefore, in February 2023, CAT (Nainital Bench) directed the Union Health Ministry and AIIMS to produce records of these cases, ‘in the interest of justice’.

Now, challenging that very order of CAT, AIIMS has moved the Uttarakhand High Court. 

In related news, in Chaturvedi's plea before the Nainital bench of the Central Administrative Tribunal (CAT) challenging the Centre’s 360-degree appraisal system for officers at the joint secretary level and above, and the recruitment of private professionals into government through lateral entry, two members of the Tribunal, including the then CAT Chief had recused in the year 2020-21.

Former Chief Justice of India Ranjan Gogoi had also recused from hearing one of the cases concerning IFS Officer Chaturveid. Justice KM Joseph too, when he was Chief Justice of Uttarakhand High Court and Justice UU Lalit in the Supreme Court, have also recused in the past from hearing cases involving him.