The Uttarakhand high court has set aside the Central Administrative Tribunal (CAT) order, which transferred the hearing of Indian Forest Services (IFS) officer Sanjiv Chaturvedi’s petition from the Tribunal’s Nainital circuit bench to the Delhi-based principal bench, saying the reasoning in the impugned order was “legally unsustainable”.

Chaturvedi, a 2002-batch IFS officer — who is currently posted as chief conservator of forests (CCF) in Haldwani, Nainital — filed a petition in CAT Nainital bench in February, 2020, alleging the recruitment of joint secretary-level posts through contract system in the Union government for a period of three to five years, as per a policy decision taken in 2019, was “arbitrary, irrational, and ridden with irregularities” and needed to be investigated.
In October 2020, the Centre filed a petition, requesting transfer of the case from CAT’s Nainital bench to the principal bench, Delhi. On December 4, Chaturvedi’s petition was transferred to the principal bench in Delhi.
On December 16 last year, Chaturvedi filed a writ petition in the high court, challenging the transfer of his petition.
Hearing Chaturvedi’s petition, the division bench of chief justice RS Chauhan and justice NS Dhanik on October 23 issued the order, copy of which was uploaded on Friday evening. HT has seen a copy of the order.
{{/usCountry}}Hearing Chaturvedi’s petition, the division bench of chief justice RS Chauhan and justice NS Dhanik on October 23 issued the order, copy of which was uploaded on Friday evening. HT has seen a copy of the order.
{{/usCountry}}Rakesh Thapliyal, assistant solicitor general, appearing for Centre, said the HC order has stated that “since the decision with regard to a policy decision of the Centre would have nationwide repercussions, therefore, only the Principal Bench is suitable for deciding the validity of the policy decision…since no cause of action had arisen in Uttarakhand, the Nainital Circuit Bench does not have the territorial jurisdiction to hear the petition…” “Since the relevant files are lying in New Delhi, and witnesses would be available in the national capital, it would be in the interest of justice to transfer the case to the principal bench,” Thapliyal said, quoting from the order.