New Delhi: The Uttarakhand High Court has controlled forest officers who opposed the decision to transfer his case to the main bench administrative tribunal (cat) in Delhi, from where he posted.
HC rejects the central application that the issue raised by the applicant will have an impact on “on the function of the central government” and therefore must be heard by the principal’s bench.
The court said that the central defense created the impression that the main bench was a superior bench; And further said that the principal’s bench cannot be “allowed to become a power deprivation”.
After listening to both parties, Uttarakhand Chief Justice Raghvendra Singh Chauhan observed that while enacting the Administrative Court law, Parliament treats all 15 cat benches.
Even cases of national impacts, or have a big impact on the function of the central government, indeed, it was decided by other cat benches, he said.
The order states, “such problems do not need to be reduced to the school bench.
In addition, the stabbed command tends to create the impression that somehow the main bench is a superior bench to other benches of cats, which function throughout the country.
Bench, including the principal bench, the same, the impression is even like it cannot be made in the mind of the broadcast.
Because, the principal’s bench cannot be allowed to change himself with the superior authority that has never been given to him by ACT.
However, the principal cannot be allowed to be Power deprivation.
“The court said the order of the December 20020 cat islands,” unsustainable “.
The petition was submitted by Sanjeev Chaturvedi, an Indian forest service officer, at Uttarakhand HC challenged the command of the Cat Principal to transfer the petition from the bench of Allahabad (Nainital Circuit bench) to the principal bench.
IFS officers have begged for landing and orders from cats to stop the current system from the assessment of 360 degrees to the empanelment officer at the same level of secretary and above in the Central Government and to hold the union government to fill the position of joint secretaries and ranking officers above through the contract system , also known as lateral entries.
This is the first case like that by bureaucrats serving new government norms.
He accused that the new system was arbitrary, unreasonable, and violated the principles of natural justice and superci of legal regulations.
He has argued that if the parliament argues that the problem of “national interests” needs to be decided only by the principal bench, the provisions will be in the law, carry out other benches from hearing the problem of “national interests”, or who have “national repercussions”.
HC also rejected the defense of the central government that because all relevant files and papers were in New Delhi, this case must be transferred to the national capital.
The court called the PLE Center “rather wrong” while observing that the center has a sufficient way to shift files and this can even be transferred electronically.
The main bench cat cannot be allowed to become a power of power: Uttarakhand HC
