CAT

cat-to-remain-suspended-till-may-3

CAT to remain suspended till May 3

Central Administrative Tribunal (CAT) benches adjudicating matters related to service of central government employees will remain suspended till May 3, 2020.

Though some relaxations have been made by the government in view of certain activities aimed at ensuring the supply of essential commodities particularly food grains apart from measures to provide a livelihood to the poorer sections. The offices are permitted to function in a highly restricted manner without permitting entry of, or any physical contact with, the public in general.

“It is therefore decided that the functioning of, and hearing in, the benches of the CAT shall remain suspended till May 3, 2020. The feasibility of working on certain days already declared as holidays or vacation shall also be considered once the functioning begins,” a statement issued in this regard says.

The information received so far has revealed that the high courts are not functioning and exceptional cases are dealt with through video conferencing. In almost all places, the benches are located at hotspots. The representatives of Bar have also expressed their difficulty in filing or pursuing the cases in this situation.

22 Apr 2020
cat:-six-former-civil-servants-appointed-as-member

CAT: Six former Civil Servants appointed as Member

The NaMo administration on announced the appointment of six new Members in Central Administrative Tribunal (CAT) to be posted at various benches across benches. They are;

  1. Anand Mathur (IRPS:1981): First DG, Personnel,  Indian Railways who retired in 2018. He is posted in Chandigarh Bench (CAT) 
  2. Sunil Kumar Sinha (IPS:1983:BH): Former Special Director in the Intelligence Bureau who retired from the post of Secretary (Security) in the Cabinet Secretariat October last year. He is posted in Patna Bench (CAT)
  3. Amarendra Kumar Dubey (Retd IAS:1982:KL):  Former Union Secretary, Department of Youth Affairs who retired January last year. He is posted in Principal Bench (CAT).
  4. Rakesh Kumar Gupta ((IAS:1986:JK): Former Secretary, UPSC retired last month. He is posted in Bengaluru Bench (CAT). 
  5. Tarun Shridhar (IAS:1984:HP): Former Union Secretary (Animal Husbandry, Dairying & Fisheries) who retired in July 2019. He is posted in Kolkata Bench (CAT). 
  6. K V Eapen (IAS:1984:AM): Former Union Secretary in the Department of Administrative Reforms and Public Grievances and Department of Pension and Pensioner's Welfare who retired in September 2019. He is posted in Ernakulam Bench (CAT).

15 Mar 2020
cat-to-remain-suspended-till-may-3

CAT to remain suspended till May 3

By IndianMandarins 22 Apr 2020

Central Administrative Tribunal (CAT) benches adjudicating matters related to service of central government employees will remain suspended till May 3, 2020.

Though some relaxations have been made by the government in view of certain activities aimed at ensuring the supply of essential commodities particularly food grains apart from measures to provide a livelihood to the poorer sections. The offices are permitted to function in a highly restricted manner without permitting entry of, or any physical contact with, the public in general.

“It is therefore decided that the functioning of, and hearing in, the benches of the CAT shall remain suspended till May 3, 2020. The feasibility of working on certain days already declared as holidays or vacation shall also be considered once the functioning begins,” a statement issued in this regard says.

The information received so far has revealed that the high courts are not functioning and exceptional cases are dealt with through video conferencing. In almost all places, the benches are located at hotspots. The representatives of Bar have also expressed their difficulty in filing or pursuing the cases in this situation.

cat:-six-former-civil-servants-appointed-as-member

CAT: Six former Civil Servants appointed as Member

By IndianMandarins 15 Mar 2020

The NaMo administration on announced the appointment of six new Members in Central Administrative Tribunal (CAT) to be posted at various benches across benches. They are;

  1. Anand Mathur (IRPS:1981): First DG, Personnel,  Indian Railways who retired in 2018. He is posted in Chandigarh Bench (CAT) 
  2. Sunil Kumar Sinha (IPS:1983:BH): Former Special Director in the Intelligence Bureau who retired from the post of Secretary (Security) in the Cabinet Secretariat October last year. He is posted in Patna Bench (CAT)
  3. Amarendra Kumar Dubey (Retd IAS:1982:KL):  Former Union Secretary, Department of Youth Affairs who retired January last year. He is posted in Principal Bench (CAT).
  4. Rakesh Kumar Gupta ((IAS:1986:JK): Former Secretary, UPSC retired last month. He is posted in Bengaluru Bench (CAT). 
  5. Tarun Shridhar (IAS:1984:HP): Former Union Secretary (Animal Husbandry, Dairying & Fisheries) who retired in July 2019. He is posted in Kolkata Bench (CAT). 
  6. K V Eapen (IAS:1984:AM): Former Union Secretary in the Department of Administrative Reforms and Public Grievances and Department of Pension and Pensioner's Welfare who retired in September 2019. He is posted in Ernakulam Bench (CAT).

state-dgp:-punjab-govt-files-petition-in-hc-against-cat-order

State DGP: Punjab Govt files petition in HC against CAT order

By IndianMandarins 20 Jan 2020

The Punjab Government and DGP Dinkar Gupta (IPS:1987:PB) filed a petition in Punjab and Haryana High Court challenging the CAT order quashing Gupta’s appointment as State DGP.

Atul Nanda, Advocate General, Punjab, said that they filed the petition adding that the case will be taken up on Tuesday. Additional Advocate General Rameeza Hakim appeared on behalf of the state while a counsel for DGP Gupta also appeared before the the division Bench of Justice Rajiv Sharma and Justice Harinder Singh Sidhu.

cat-quashes-appointment-of-dinkar-gupta-as-punjab-dgp

CAT quashes appointment of Dinkar Gupta as Punjab DGP

By IndianMandarins 18 Jan 2020

A two-member CAT bench headed by its chairman L Narsimha Reddy and M Jamshed being the other member accepted Mohammad Mustafa’s (IPS:1985:Punjab) plea against promotion and appointment of Dinkar Gupta (IPS:1987: Punjab) as Punjab DGP quashing his appointment.

The court had reserved the judgement in the case on January 8. Mustafa and Siddhharth Chattopadhyaya (IPS:1986:Punjab) had challenged the appointment of Gupta as DGP in CAT after both were ignored by UPSC panel for the appointment as the state's DGP despite fulfilling the criteria.

Gupta was appointed DGP in 2018 after his name was empaneled by UPSC for the post. Gupta superseded five senior officers, including Mustafa and Chattopadhyaya.

cat:-appointment-to-judicial-member-posts-hangs-in-balance

CAT: Appointment to Judicial Member posts hangs in balance

By IndianMandarins 10 Dec 2019

People in power corridors are keenly observing the developments pertaining to the long due appointments of Judicial Members in the Central Administrative Tribunal (CAT).

If some well-placed sources are to be believed, as against proposed nine posts of Judicial Member Judicial, appointment of only four were cleared on 24 October 2019. Of four, Justice Vijay Lakshmi (former Judge of Allahabad HC) joined CAT but rest three opted not to join in the wake of Kudrat Sandhu Case which had reduced the term of appointment from 5 yrs to 3 yrs and curbed LTC and leave benefits considerably including others. Though decisions on Kudrat Sandhu Case was quashed later but decision on further appointments hanged in balance. In the meanwhile number of vacancies of Member Judicial have reached to 13 at present.

If some top sources are to be believed the establishment might be unwilling for a 5 years term for CAT Members. It may be substantiated by the fact that the Govt on October 15 cleared the appointment of six members in NCLAT for a term of 3 years whereas posts when advertised clearly stated a 5 years term.

ALSO READ:

File for appointment of CAT Members submitted to ACC

(News dated 16.11.2019)



precedent-set:-no-vrs-and-pensionary-benefits-for-absconding-officers

Precedent set: No VRS and pensionary benefits for absconding officers

By IndianMandarins 08 Apr 2019

The Central Administrative Tribunal (CAT) has dismissed the case of a former senior IAS officer and brother of former Deputy Chairman of the Planning Commission, Montek Singh Ahluwalia, for voluntary retirement from service and pensionary benefits. Sanjeev Singh Ahluwalia is a 1980 batch UP cadre officer.

 

In 2005, he was on Central deputation, holding the post of Joint Secretary in the Department of Disinvestment. On his request, he was repatriated to his parent cadre before completion of the term of deputation in the Union Finance Ministry. Thereafter, he made efforts for deputation abroad.

 

Finally, he got what he wanted and got the permission to accept an assignment of the World Bank to serve in Sudan for a period of one year between September 18, 2005, and September 17, 2006.

However, after the completion of his one-year foreign posting, he didn't report back to his cadre state for duty.


Ahluwalia informed the tribunal that he had been making representations for extension of leave beyond September 17, 2006, but the same was not considered. He said that he could not join duty in India on account of factors beyond his control, as well as some family issues and that though he had submitted an application for voluntary retirement in accordance with law, this was not considered at all.


Nikhil Majithia, appearing for the Uttar Pradesh government, said: "The applicant did not pursue the matter pertaining to the voluntary retirement till he reached the age of superannuation. It is natural that the application for voluntary retirement loses relevance once the employee attains the age of superannuation."


Majithia said that left with no alternative, the state government had issued a notice under rule 7(2)(c) of the Leave Rules, and it was only a year later that the applicant responded with an explanation.

"The application for voluntary retirement can only be considered if he (Ahluwalia) was on duty in the cadre, and since the applicant was not even available in the country, let alone on the post, the application was not considered," the Centre's counsel said in court.


On April 19, 2010, Ahluwalia forwarded an application seeking voluntary retirement under the terms of the relevant All India Service Rules. The Centre rejected his application on the ground that he wasn't given any extension beyond a year of his foreign posting, and yet he did not report on duty after the expiry of his foreign assignment.


Dismissing Ahluwalia's petition, CAT Chairman Justice L. Narasimha Reddy said: "Being an administrator himself, the applicant was supposed to bring about discipline in the various establishments. However, he did not introspect whether his acts and omissions were leading to violation of any provision of law."


The tribunal noted that the unauthorized period of absence of the applicant was six years and one month.


The tribunal noted that the Uttar Pradesh government had issued a notice on October 10, 2011, seeking an explanation from the official as to why he shall not be deemed to have resigned from service. Ahluwalia submitted his explanation on May 17, 2012, and he attained the age of superannuation on October 31, 2012.


The tribunal observed that if a member of the service who is on valid leave for a period exceeding five years, can be deemed to have resigned, the applicant, who remained on unauthorized absent for six years, cannot keep himself on a higher pedestal.


"Hence, any contention raised in this behalf becomes redundant", the tribunal noted.

hc-stays-ias-officer's-sudden-transfer

HC stays IAS officer's sudden transfer

By IndianMandarins 16 Mar 2019

The Kerala High Court has tied the hands of politicians versus civil servants. On Friday, it stayed the order to repatriate IAS officer Raju Narayana Swamy from the post of chairman of Coconut Development Board to his parent cadre that was the Government of Kerala.

 

This stay order has set a new judicial precedent and constrains the political leadership to follow rules while transferring officials.

 

The court issued the interim order on Swamy's petition challenging the government decision to transfer him all of a sudden in breach of terms of his appointment. Advocate Suresh Menon T C, counsel for the petitioner, said he was appointed the chairman of the board on deputation on July 17, 2018, for a period of one year and he assumed charge on August 8, 2018.

 

He was entitled to continue at least up to August 7, 2019, even though the government was empowered to cut short the period of appointment in exceptional cases. However, he was repatriated all of a sudden to his parent cadre.

 

As per the amendment to the Indian Administrative Service (Cadre) Rules, a cadre officer appointed to any cadre post shall hold office for at least two years unless in the meantime he has been promoted or retired or sent on deputation outside the state or training exceeding two months.

 

Besides, an office could be transferred before the minimum period only on the recommendation of a committee on minimum tenure or civil service board.

 

According to Swamy's counsel, the Central Administrative Tribunal (CAT) was yet to pass an order on his petition challenging the decision to shift him from the chairmanship.

jaipur-caught-on-wrong-foot-in-transfer-of-ifos-officer

Jaipur caught on wrong foot in transfer of IFoS officer

By IndianMandarins 07 Feb 2019

The Central Administrative Tribunal (CAT), Jaipur, has stayed the transfer order of an Indian Forest Service (IFS) officer, Rajiv Chaturvedi.

 

Petitioner's Counsel Tanveer Ahmed said Chaturvedi was transferred to the post of Conservator of Forests (Medicinal Plants) in Jaipur on April 29 last year. Even before completing a year he was transferred to Kota as the conservator of forest monitoring and evaluation on January 29 this year.

 

Chaturvedi has challenged his transfer on the ground of a Central Government notification issued on January 28, 2014, following an amendment to IFS Cadre Rules, 1966, in compliance of a Supreme Court order, for a fixed minimum tenure of 2 years for All India Service Officers across the country in all State and Central Governments.

 

He said according to the notification it was also made mandatory that all transfers and postings to cadre posts will take place only after recommendations of Civil Services Board (CSB) and that the minimum tenure for every cadre post was fixed for a period of two years and for premature transfer before the mandated period of two years, it was made mandatory for the Civil Services Board to take views of the officer concerned and to make recommendations after conducting a proper inquiry.

 

The petition said the officer's lawful representation to the authorities concerned elicited no response. Instead, his office room was also allotted to some other officer.

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