Challenge to removal of ITAT President admitted but no interim relief granted
Shri. G. E.
Veerabhadrappa, the senior-most Vice President of the Tribunal, was vide order
dated 13.10.2011 appointed
President of the Tribunal in an “officiating capacity till the post was filled up on regular
basis“. Vide notification dated 5.5.2012 the said order was modified to
read “in an officiating capacity up to 31.8.2012 or further orders“.
On 31.8.2012, Shri. H. L.
Karwa (the junior-most Vice President) was appointed the President in place of Shri. G. E.
Veerabhadrappa. Shri. Veerabhadrappa was thereafter transferred on 7.11.2012 to Calcutta.
Shri. Veerabhadrappa filed a Petition before the Central Administrative
Tribunal (“CAT”) claiming that (i) the curtailment of the period of appointment
till 31.8.2012 was unjustified, (ii) his removal from the post of President was
actuated by “malice and personal vendetta” of the Law Secretary owing
to his refusal to cancel the transfers of Shri. Hari Om Maratha and Smt. Diva
Singh and (ii) the appointment of Shri. H. L. Karwa as President was irregular
as found by the Appointments Committee of the Cabinet. The Law Ministry opposed
the Petition on the ground that there were complaints regarding integrity and
that the decision was taken at the highest level after “due consideration”.
The CAT dismissed
the Petition
and Shri. Veerabhadrappa filed an appeal to the High Court. HELD by the High
Court admitting the appeal but refusing interim stay:
The only interim
relief which is prayed for is for stay of the operation of the impugned order
of the CAT. As the Petitioner did not challenge the order dated 5.5.2012 and as
on 31.8.2012 Shri. H. L. Karwa took over the charge of the post of the
President and continues to hold the charge of the post till today and as the
appointment of Shri. Veerabhadrappa was purely adhoc, it is not a fit case to
grant interim relief. Prayer for interim relief is rejected.
Related Judgements
1. G. E. Veerabhadrappa
vs. UOI (Central Administrative Tribunal)
As regards the allegation that the
removal was motivated by “malice and personal vendetta”, the exchange of
correspondence between the President and the Law Ministry regarding the
transfers of the Members took place after the passing of the order dated
5.5.2012 curtailing the tenure of the Applicant till 31.8.2012….
2. Sunil Kumar Yadav vs.
UOI; G. E. Veerabhadrappa vs. UOI (CAT)
Hon’ble Shri. G. E. Veerabhadrappa,
Vice President, who was earlier appointed officiating President till his
replacement by Hon’ble Shri. H. L. Karwa, has filed a case before the CAT,
Mumbai Bench, claiming that his transfer from Mumbai to Kolkota during the
pendency of a representation made to the Law…
3. Sunil Kumar Yadav vs.
UOI (CAT)
The interim order has been passed on
the basis of a prima facie case that the impugned transfer order has not been
made by a proper Collegium in accordance with the guidelines laid down in Ajay
Gandhi’s case and also on the ground of alleged mala fides against the…
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