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IFS officer seeks relief from Nainital HC

By IndianMandarins- 25 Aug 2018
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Uttarakhand Cadre IFS Officer and Magsaysay Awardee Sanjiv Chautruvedi has moved a writ petition before Nainital High Court for quashing single judge order of Principle Bench of Central Administrative Tribunal (CAT), Delhi, whereby it had stayed proceedings of division bench of Nainital Circuit Bench of CAT. The Nainital Circuit Bench was hearing the case of Chaturvedi against adverse entries made into his appraisal report for financial year 2015-16, when he was posted in AIIMS, New Delhi.


Sanjiv Chaturvedi had first moved Uttarakhand High Court  in June 2017. A division bench headed by then Chief Justice K.M Joseph had relegated his case to the Tribunal saying that, “We also leave it open to the Petitioner approach this court seeking any relief, which may be rejected by the Tribunal on the ground that it does not have jurisdiction”. Referred by HC, Chaturvedi had approached Nainital Circuit Bench of Tribunal which had issued notices to Central Government and AIIMS in July 2017.


Now, in his petition before Nainital high court, Chaturvedi has claimed that the order of CAT Chairman is factually inaccurate in his observation as one issue (O.A 2413/2016) is for inter cadre deputation to Delhi Government which has no relation with other case which is related to adverse entry into appraisal report. Petition also cite CAT Procedure Rule 1987, which says that an aggrieved officer shall file petition at the place where he is posted. The Petition claims violations of Principles of Natural Justice and alleges that Central Government misled Chairman in getting this stay order. The Petition seeks quashing of stay orders and for allowing Nainital Circuit Bench to continue hearing of the case on August 27.

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