The Uttarakhand High Court has put aside the Central Administrative Tribunal’s (CAT) principal bench order of transferring the case of Indian Forest Service officer Sanjiv Chaturvedi from the Nainital bench to the Delhi bench of CAT.
The High Court whereas dismissing the order of the principal bench transferring the petition referred to as the impugned order ”legally unsustainable”.
The bench comprising Chief justice Raghvendra Singh Chauhan and Justice Narayan Singh Dhanik stated, “The impact of the policy decision deprives the petitioner’s right in the State of Uttarakhand. Therefore, a part of the cause of action arises in the State. Hence, the Nainital Circuit Bench does have the jurisdiction to hear the original application.”
IFS officer Sanjiv Chaturvedi had challenged the irregularities within the lateral entry of personal specialists on the Joint Secretary Level and a 360-degree appraisal coverage of the central authorities.
“He had challenged the recruitment selection process for the post of Joint Secretary. He was also aggrieved by the fact that, although eligible candidates were available for the post of Joint Secretary, within the All India Services, in 2019, a policy decision was taken by the Central Government that henceforth the post of Joint Secretary would be filled by hiring persons on contractual basis for a period of three to five years, reads the High Court judgment.
The Centre argued that since the matter is related to the policy which will have “nationwide repercussions” the case should be transferred to the Principal bench of CAT in New Delhi.
“A really peculiar competition was raised by the Union of India for looking for switch of the unique software from the Nainital Circuit Bench to the Principal Bench, New Delhi: for the reason that petitioner has challenged a coverage determination, and for the reason that coverage determination has “nationwide repercussions”, subsequently, the unique software deserves to be transferred to the Principal Bench, New Delhi,” learn the HC judgment.
Mr Chaturvedi is presently posted as Chief Conservator of Forest (Working Plan), Haldwani, District Nainital, Uttarakhand. He had filed a case earlier than the Nainital Bench of Central Administrative Tribunal (CAT), in February 2020, on this situation. However, in December 2020, on the idea of an software filed by the Centre, the Chairman of CAT, ordered to switch the listening to of this case to the Delhi bench of CAT.
This switch order was challenged by Mr Chaturvedi in December 2020 earlier than the Uttarakhand High Court.
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