Lawstreet Journal

Uttarakhand HC sets aside order on transferring whistleblower IFS officer’s petition

Lawstreet Journal 9 Nov 2021 7:25pm

Image courtesy: Lawstreet Journal Judiciary Uttarakhand HC sets aside order on transferring whistleblower IFS officer’s petition

The order dated December 4, 2020, of the Central Administrative Tribunal(CAT)  was set aside by the Uttarakhand High Court. In the order the tribunal had  transferred the hearing of Indian Forest Services (IFS) officer Sanjiv Chaturvedi’s petition from CAT’s Nainital Circuit Bench to the principal bench in Delhi. The HC ruled that reasoning contained in the impugned order is “legally unsustainable”.

BACKGROUND

A 2002 IFS batch officer, Sanjiv Chaturvedi is presently posted as the chief conservator of forests (CCF) in Haldwani Nainital. He filed a petition in CAT Nainital bench in February 2020 alleging that the recruitment of the joint secretary-level posts through contract system in the Union government for a period of three to five years, a policy decision taken in 2019, was arbitrary, irrational, and ridden with irregularities, which need to be investigated.

PETITION OF THE CENTRE 

The Centre filed a transfer petition requesting the transfer of the case from CAT’s Nainital Bench to the principal bench in Delhi in October 2020.

DECISION OF THE CAT PRINCIPLE BENCH 

On December 4, 2020, the CAT principal bench transferred Chaturvedi’s petition from Nainital Bench to the principal bench, Delhi. Following this, Chaturvedi filed a writ petition in the HC on December 16, 2020, challenging the transfer of his petition.

JUDGEMENT OF THE HIGH COURT 

The bench comprising of Justice RS Chauhan and Justice NS Dhanik held that “the impugned order tends to create an impression that somehow the Principal Bench is the superior Bench to other Benches of the… Continue Reading...


Tagged: Uttarakhand High Court  
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