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Uttarakhand HC's Order Against Transfer Of IFS Officer's Case In CAT From U'khand To Delhi Stayed By Supreme Court
Sparsh Upadhyay
24 Feb 2022 10:06 PM IST
The Supreme Court on Monday stayed the October 2021 order of the Uttarakhand High Court wherein it had set aside an order passed by the principal bench of the Central Administrative Tribunal (CAT) allowing the Centre's plea to transfer a petition of an IFS officer, Sanjiv Chaturvedi, from the regional bench in (Nainital) to its principal bench (Delhi).The Bench of Justice M. R. Shah and...
The Supreme Court on Monday stayed the October 2021 order of the Uttarakhand High Court wherein it had set aside an order passed by the principal bench of the Central Administrative Tribunal (CAT) allowing the Centre's plea to transfer a petition of an IFS officer, Sanjiv Chaturvedi, from the regional bench in (Nainital) to its principal bench (Delhi).
The Bench of Justice M. R. Shah and Justice B. V. Nagarathna stayed the order of the High Court after Solicitor General Tushar Mehta vehemently submitted that as the decision of the Chairman, Principal Bench, Central Administrative Tribunal, New Delhi was under challenge, the Uttarakhand High Court would have no territorial jurisdiction and only the Delhi High Court would have the jurisdiction.
It was also submitted that the aforesaid was one of the grounds raised before the High Court. However, the High Court has not properly dealt with and/or appreciated the same.
Lastly, it was submitted by SG Mehta that even otherwise on merits also, the order passed by the Chairman, Principal Bench transferring the case from Nainital Bench to the Principal Bench in the exercise of powers under Section 25 of the Administrative Tribunals Act, 1985 ought not to have been interfered with by the High Court.
Against this backdrop, issuing the notice to IFS Officer, the Court posted the matter for further hearing on April 4, 2022, and stayed the order of the High Court.
Background
Essentially, in October 2021, the Uttarakhand High Court had set aside an order passed by the principal bench of the Central Administrative Tribunal (CAT) allowing the Centre's plea to transfer a petition of an IFS officer, Sanjiv Chaturvedi, from the regional bench in (Nainital) to its principal bench (Delhi).
The Bench of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma observed that the 'legally unsustainable order' of the CAT tends to create an impression that somehow the Principal Bench is the superior Bench to other Benches of the C.A.T., which are functioning throughout the country.
"Since all the Benches including the Principal Bench, are equal, such a misimpression be cannot be made in the mind of the litigant. For, the Principal Bench cannot be allowed to robe itself with a superior authority which was never given to it by the Act. After all, the Principal Bench cannot be permitted to be a usurper of the power," the Court further added.
Read more about the Uttarakhand HC's order here: 'Legally Unsustainable': CAT Order Transfering IFS Officer's Case From U'khand To Delhi Set Aside By Uttarakhand High Court
Sanjiv Chaturvedi, who is a 2002-batch IFS officer — and is currently posted as chief conservator of forests (CCF) in Haldwani, had filed an original application in CAT Nainital bench last year challenging the scheme formulated by the Centre of hiring private professionals for the rank of joint-secretary on a contractual basis (lateral entry).
In his application, he alleged that the policy decision, prima facie, would adversely affect the rights of the persons who are in the All India Services and that the same was arbitrary, irrational and discriminatory against officers from All India Services.
However, the Central Government moved a transfer application before the Principal Bench, New Delhi seeking transfer of Chaturvedi's application to the principal bench.
Significantly, the centre primarily argued that since the petitioner had challenged a policy decision, and since the policy decision had "nationwide repercussions", therefore, the O.A. deserves to be transferred to the Principal Bench, New Delhi
The centre's application was allowed in December 2020 and the matter was transferred to Delhi. Challenging this transfer, IFS Officer Chaturvedi moved to the High Court.
Case title - Union of India v. Sanjiv Chaturvedi and others
