No Civil Proceedings Against Lt Governor Without Two Months Notice: CAT Srinagar Imposes ₹1 Lakh Penalty On IAS Officer For 'Mischievous' Petition

In dismissing his petition the Tribunal comprising Judicial Member Rajinder Singh Dogra observed,

“It is quite astonishing to note that the applicant, a senior IAS officer with extensive knowledge of Constitution of India and its laws, proceeded to file Original Application seeking relief against the Hon'ble Lieutenant Governor, who has been bestowed with immunity under Article 361 of the Constitution of India”.

Parmar, serving as the Chairman of the Bureau of Public Enterprises, Finance Department, Government of Jammu and Kashmir had filed an Original Application under Section 19 of the Administrative Tribunals Act, 1985.

The petition sought to challenge the adverse remarks in his Performance Appraisal Report (PAR) and requested the expungement of these remarks for the period from May 4, 2022, to August 6, 2022. Additionally, Parmar sought the upgradation of his grading from 5 to 10 and his empanelment as Additional Secretary and Secretary from the respective years of 2019 and 2023.

Parmar had contended that his performance as Principal Secretary, Jal Shakti Department, was unfairly assessed, resulting in adverse remarks that affected his career progression.

He had also sought to expunge these remarks and upgrade his performance grading, claiming it was essential for his rightful empanelment in higher positions.

Underscoring that Article 361(4) of the Constitution clearly stipulates that no civil proceedings can be initiated against the President or a Governor in their personal capacity without a two-month prior notice the Tribunal held that the applicant had failed to comply with this mandatory requirement, rendering the petition inadmissible.

“The applicant has failed to produce any proof or evidence, that such a notice has been made and delivered”, it remarked.

The tribunal noted that Parmar had inappropriately impleaded the respondents by name and sought relief concerning his service conditions, which should be addressed against the respective offices and not individuals in their private capacities.

It pointed,

“It is not clear as to how the applicant can claim reliefs related to his service conditions from the respondents in their private capacity. It is also seen that the applicant has unnecessarily impleaded Cabinet Secretary of India and Secretary, DoPT as party in the O.A. by name, though no allegations has been made by the applicant against them in the O.A”.

The Tribunal also lamented the non-joinder of necessary parties, specifically the Union of India and the State of Jammu and Kashmir, which it essentially had to do keeping in view the reliefs that were being sought.

The Tribunal expressed astonishment at the senior IAS officer's decision to file the petition despite his extensive knowledge of constitutional laws. It also criticized the conduct of Mr. Ashutosh Khanna, the advocate representing the applicant, for failing to provide proper legal advice and thereby contributing to the filing of a frivolous petition.

While dismissing the plea and to deter future frivolous litigation, a penalty of ₹1 lakh was imposed on Parmar, to be deposited in the Advocate's Welfare Fund maintained by the High Court of Jammu and Kashmir within two weeks.

Case Title: Ashok Kumar Ranchhodbhai Parmar Vs Shri Manoj Sinha, Hon'ble Lieutenant Governor of UT of J&K.

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