High court sets aside transfer of IFS officer’s petition from U’khand to Delhi

On December 16 last year, Indian Forest Services (IFS) officer Sanjiv Chaturvedi filed a writ petition in the high court, challenging the transfer of his petition

Updated on: Oct 31, 2021, 24:47:13 IST

By Neeraj Santoshi, Dehradun

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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”.

Hearing Chaturvedi’s petition, the division bench of chief justice RS Chauhan and justice NS Dhanik on October 23 issued the order (HT Photo)

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.

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.

ABOUT THE AUTHOR
Neeraj Santoshi
Neeraj Santoshi is the Chief of Bureau for Hindustan Times in Uttarakhand, where he leads the state reporting team while covering government, politics, environment, wildlife, Uttarakhand High Court, and issues shaping the Himalayan region. With more than two decades in journalism across conflict zones, he has covered politically sensitive regions and environmentally fragile landscapes, and focused on stories that combine public interest with in-depth storytelling. An alumnus of Pune University with a Master’s in Communication Studies, he has reported extensively from Jammu & Kashmir (2003-2010), Madhya Pradesh (2010 to 2018 ) and Uttarakhand (Since 2018), covering subjects ranging from insurgency, elections and governance to wildlife conservation, mining, climate change, agriculture, human rights and social justice. He has covered politics and legislative assemblies of both Jammu & Kashmir and Madhya Pradesh over more than a decade. Before taking over as Chief of Bureau in Uttarakhand, he served as Special Correspondent with Hindustan Times in Madhya Pradesh and earlier reported for both Hindustan Times and The Indian Express in Jammu & Kashmir, where he covered state politics, environment and insurgency-related developments. Over the years, his stories have focused on environmental degradation, wildlife, illegal mining, governance and the changing social fabric of Himalayan states and Central India. He is particularly interested in long-form explanatory journalism, and stories that explore the intersection of ecology, conservation, governance and society. Outside the newsroom, Neeraj enjoys reading widely on neuroscience, consciousness studies, Artificial Intelligence and quantum physics, with a special interest in Kashmiri Tantric Shaivist traditions. He is also passionate about wildlife, mountaineering and the Himalayas, interests that continue to inform his reporting and deepen his understanding of the region he covers.Read More

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