Case Note & Summary
The Supreme Court dismissed the appeal filed by All India Institute of Medical Sciences (AIIMS) against the Uttarakhand High Court's order quashing the Chairman of the Central Administrative Tribunal's (CAT) order staying proceedings before a Division Bench. The respondent, Sanjiv Chaturvedi, an Indian Forest Service officer, served as Deputy Secretary and Central Vigilance Officer at AIIMS from 2012 to 2016. During his tenure, he alleged that his duties were progressively withdrawn after he exposed corruption. He received an adverse Annual Performance Appraisal Report (APAR) for 2015-2016 with 'Zero' grading. He challenged this before the CAT Nainital Bench, which granted interim protection. The Union of India sought transfer of the case to the Principal Bench, and the Chairman of CAT, sitting singly, stayed the proceedings before the Nainital Bench. The High Court set aside this order, holding that the Chairman could not stay proceedings before a Division Bench. The Supreme Court upheld the High Court's decision, finding that the Chairman's power under Section 5(6) read with Section 25 of the Administrative Tribunals Act, 1985 does not permit a single member to stay proceedings before a Division Bench. The Court also rejected AIIMS' argument that it was not heard, noting that the Additional Solicitor General represented both Union of India and AIIMS. The appeal was dismissed with no order as to costs.
Headnote
A) Administrative Law - Central Administrative Tribunal - Powers of Chairman - Section 5(6) and Section 25 of the Administrative Tribunals Act, 1985 - The Chairman of CAT, while sitting singly, cannot stay proceedings pending before a Division Bench of the Tribunal. The High Court correctly set aside the Chairman's order dated 18.09.2017 which stayed proceedings in OA No.331/00790/2017 before the Nainital Bench. The Supreme Court upheld the High Court's decision, holding that the Chairman's power under Section 5(6) read with Section 25 does not extend to staying proceedings before a co-ordinate Bench. (Paras 24-27) B) Civil Procedure - Opportunity of Hearing - Natural Justice - The appellant AIIMS was represented by the Additional Solicitor General of India, who had been appearing for both Union of India and AIIMS in related proceedings. The High Court's order was not passed without hearing the appellant. (Paras 25, 29-30) C) Service Law - Annual Performance Appraisal Report - Adverse Remarks - The respondent, an Indian Forest Service officer, challenged his APAR for 2015-2016 where he was given 'Zero' grading. The Tribunal's interim order protected his career progression by directing that the impugned APAR not be taken into account. (Paras 18, 21)
Issue of Consideration
Whether the Chairman of the Central Administrative Tribunal, sitting singly, could stay proceedings pending before a Division Bench of the Tribunal while considering a transfer application under Section 25 of the Administrative Tribunals Act, 1985.
Final Decision
The Supreme Court dismissed the appeal, upholding the High Court's order quashing the Chairman's stay order. No order as to costs.
Law Points
- Chairman of CAT cannot stay proceedings before a Division Bench sitting singly
- Power of Chairman under Section 5(6) and Section 25 of Administrative Tribunals Act
- 1985
- Transfer application does not automatically confer power to stay proceedings before another Bench
