CAT Chairman withdraws from case after Uttarakhand HC issues contempt notice [Read Order]

The issuance of a contempt notice by the Uttarakhand High Court against Chairman of the Central Administrative Tribunal (CAT) Justice L Narasimha Reddy has culminated in his recusal from a case..In an order passed on March 29, Justice Reddy records,.“This batch of PTs has been pending since 2017, and with each passing day, one complication or the other was arising. The content, tone and tenor of the miscellaneous applications or other forms of pleadings make this very clear. The situation has virtually reached the peak when it led to initiation of contempt proceedings against the counsel, and as a counterblast, filing of a contempt case by the petitioner against the Chairman by name, before the Uttrakhand High Court. Learned counsel for the petitioner also feels that it would not be possible for him to seek remedy before the Chairman, though his client has a right to seek transfer.”.The CAT Chairman has, therefore, directed that the dispute be pursued in any other forum or Court. Further, he has also directed the transfer of a contempt case initiated by him in the matter be posted before the Chief Justice of the Delhi High Court for appropriate action..Background.The case leading to the initiation of contempt, and now Justice Reddy’s recusal, was filed by one Sanjiv Chaturvedi, an officer of the Indian Forest Services. Chaturvedi had challenged several adverse reports issued by the All India Institute of Medical Sciences (AIIMS), New Delhi against him. He had served as the Chief Vigilance Officer at AIIMS between 2012 and 2016..The dispute was eventually taken up by a Division Bench of the CAT Bench at Nainital on an application made by Chaturvedi. This after the Uttarakhand High Court directed him to approach the appropriate administrative authority..The Centre, however, sought a transfer of this matter from Nainital to Delhi. Subsequently, CAT Chairman Reddy, sitting singly at the Principal Bench (Delhi), stayed the proceedings before the Nainital Bench..Chaturvedi, therefore, moved the Uttarakhand High Court contending that the CAT Chairperson, sitting singly, could not have stayed an interim order passed by a Division Bench of the CAT. In August 2018, the Uttarakhand High Court agreed with this contention and directed that the matter be heard by the CAT, Nainital..Despite the High Court’s order, the CAT Chairman continued the proceedings and allegedly made adverse remarks against the High Court during the hearing in the case..In this backdrop, on February 2, this year, the Supreme Court upheld the High Court’s ruling and clarified that the administrative powers of the CAT Chairman do not entitle him to nullify the orders passed by a CAT Bench of higher strength..However, when the Supreme Court’s order was presented by the applicant to the CAT Chairman, he initiated contempt proceedings against Chaturvedi’s counsel, Mehmood Pracha. In turn, the High Court issued a contempt notice to the Chairman, on a plea moved by Chaturvedi. On February 25, the High Court directed Justice Reddy,.” … to show cause within four weeks from today as to why the contempt proceedings may not be drawn against him and he may not be punished for willful disobedience of the judgment.”.The dramatic trail of events has now led the CAT Chairman to withdraw from the case altogether. As far as the contempt case initiated by him against Advocate Pracha is concerned, the Chairman has called on the Chief Justice of the Delhi High Court to take a call..“It is felt that having regard to various developments that have taken place, it is no longer feasible for this Tribunal to deal with the contempt case. On the other hand, it is felt appropriate to place the matter before the Hon’ble Chief Justice of Delhi High Court to take appropriate steps as are warranted in law..The Registry is directed to forward the matter to the Registrar General of Delhi High Court to place it before the Hon’ble Chief Justice for taking necessary steps under the relevant provisions of the Constitution of India and the Contempt of Courts Act.” .Office of CAT Chairman is being tested.Before parting with the matter, Justice Reddy also records that he is withdrawing from the matter in the interest of ensuring that the office of the Chairman does not suffer. He has, therefore, recommended that the petitioners approach any other forum or court, save for the CAT for relief. As stated in his recusal order,.“This is a rare case in which most unfortunate developments have taken place. The very stature of the Office of the Chairman is put to test. Persons may come and persons may go, but the Stature of the office of the Chairman cannot be permitted to suffer any dent. At the same time, the right of a citizen to get fair adjudication cannot be defeated. .Law does provide for invocation of the doctrine of necessity, to meet eventualities of this nature. However, the peculiar and unfortunate situation that has developed in this case warrants that it be left open to the petitioners in the four PTs to seek their remedies in any forum or court, other than the one provided for under Section 25 of the Act.“.Read the order:

CAT Chairman withdraws from case after Uttarakhand HC issues contempt notice [Read Order]

Meera Emmanuel

Related Stories