Delhi High Court sets aside CAT Chairman's order transferring case of IPS officer Amit Lodha from Patna to Delhi

The Delhi High Court on Monday set aside the order of Central Administrative Tribunal (CAT) chairman transferring to the CAT principal bench a plea by Indian Police Service (IPS) officer Amit Lodha challenging disciplinary proceedings initiated against him by the Bihar government [State of Bihar & Ors v Amit Lodha & Ors]..The Court allowed the plea filed by Bihar government in this regard challenging the CAT orders to transfer cases against Lodha to Delhi. A Division Bench of Justices V Kameswar Rao and Anoop Kumar Mendiratta noted that the CAT chairman’s order was without any reasons and therefore, in violation of the principles of natural justice.“In view of the foregoing discussion, we set aside the orders dated March 2, 2023 and March 27, 2023 passed by the Chairman in PT Nos. 06/2023 and 27/2023, respectively. The same are revived on the Board of the Chairman, Central Administrative Tribunal, who shall consider the Transfer Petitions afresh by hearing the counsel for the parties and pass a reasoned and speaking order in accordance with law,” the Court ordered..Lodha rose to fame after a Netflix series ‘Khakee: The Bihar Chapter’. The series was based Lodha’s book ‘The Bihar Diaries’..The Bihar government initiated disciplinary proceedings against Lodha under Rule 8 of the All India Services (Discipline and Appeal) Rules, 1969. The allegation was that when Lodha was posted as Inspector General of Police in Gaya's Magadh Zone, he showed biased in a case and also provided undue benefits/reliefs to some officers in various other departmental proceedings.Lodha challenged the proceedings and argued that the charges against him were vague and meaningless and did not amount to any misbehaviour or misconduct. He alleged that that the proceedings were initiated against him only for the reason that he had reversed various erroneous and illegal decisions of the then Senior Superintendent of Police, who was being protected by the Director General of Police, Bihar..He subsequently filed a transfer petition and sought transfer of his case from Patna Bench of the CAT to the Principal Bench at New Delhi on the ground the Bihar government’s actions are ill motivated, in order to deprive him of his promotion to the next post of Additional Director General of Police.Lodha contended that it would be in the interest of justice for the case to be heard outside the State of Bihar as his case is against the state authorities and is sensitive.He filed another case before the principal bench against separate disciplinary proceedings against him. The CAT Chairman passed two orders in March 2023 by which he transferred one case from Patna Bench to Delhi and retained the case filed at the principal bench. .Bihar government filed petitions before the High Court challenging both these orders..The High Court on Monday allowed the pleas and asked the CAT Chairman to pass a fresh reasoned order.“Accordingly, we fix the date of hearing in the above Transfer Petitions before the Chairman of the Tribunal on 3rd November, 2023,” the Court directed. .Additional Standing Counsel Azmat H Amanullah and Advocate Hardik Choudhary appeared for the State of Bihar.Advocate S Sunil represented Amit Lodha..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.