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Justice Sharad Kumar Sharma of the Uttarakhand High Court issued a notice to the chairman of the Central Administrative Tribunal to showcause why contempt proceedings are not initiated against him for disobeying two orders of the High Court in petitions filed by whistleblower IFS officer Sanjiv Chaturvedi, presently posted as Conservator of Forest (Research) at Haldwani. He was given four weeks time from the issuance date of the order on February 20to showcause as to why contempt proceedings may not be drawn against him and he may not be punished for willful disobedience of the judgement and order dated 19.06.2017 and judgement and order dated 21.08.2018 under the Contempt of Courts Act, 1971.
Chaturvedi had moved the contempt petition and spoke of the CAT chairman who showed no respect for the orders of the high court and made adverse comments against his findings.
Order dated June 19, 2017
Chaturvedi received a "Zero" in his Annual Performance Appraisal Report (APAR) for the year 2015-16 during which he was on central deputation as AIIMS CVO and had committed massive corruption at the premier level medical institution.
Against this unfavourable report, Chaturvedi had moved the Uttarakhand High Court that issued an order on June 19, 2017, relegating the case to the CAT with liberty granted to Chaturvedi to approach the high court in case the tribunal finds any of the prayers outside its jurisdiction.
Chaturvedi approached the Nainital bench of CAT in accordance with this order of the high court and the bench issued notices in July 2017 and granted him interim relief by stating that his poor APAR cannot be considered for any purposes during the pendency of the petition.
After completing the pleadings, the final arguments began and by July 2018, the matter was notified as part heard by the Nainital bench of the tribunal.
Order dated August 21, 2018
AIIMS filed a petition before the Chairman, CAT in December 2017 seeking transfer of this case from Nainital bench to Delhi while the matter remained partially-heard before the Nainital Bench.
In July 2018, AIIMS moved another application seven months after the transfer petition for stay on the proceedings before the Nainital bench.
On July 27, 2018, the CAT chairman, while sitting singly, stayed the proceedings before the division bench of CAT at Nainital. Chaturvedi challenged the stay order before the Uttarakhand High Court. On August 21, 2018, the high court quashed the stay order while noting that the same was in violation of its earlier order allowing petitioner to approach the tribunal.
Chaturvedi invoked Section 25 of the Administrative Tribunals Act by filing three transfer petitions before him requesting the transfer of three cases to Nainital Bench. The chairman said that Chaturvedi's conduct was totally reprehensible and that he is grossly abusing the judicial process. Meanwhile, AIIMS challenged the court order of August 21, 2018, before that the Supreme Court only to be slapped once again with a cost of Rs 25,000.
The Supreme Court that the Chairman, being one amongst equals, could not have stayed proceedings pending before a larger Bench.
Chaturvedi said in his contempt petition that when he brought the decision of the apex court to the notice of the chairman, he expressed his disappointment. Chaturvedi moved a petition for contempt proceedings against CAT chairman saying that he despite the clear orders of this Hon'ble High Court, regarding the main case to be heard at Nainital Bench, deliberately kept the said transfer petition (filed by AIIMS) pending and used offensive language against the high court.
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