SANJIV CHATURVEDI Vs. ADVOCATE GENERAL, STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner before this Court has filed the present writ petition challenging the order dated 02.07.2019 passed by the learned Advocate General of this State, by which he has refused to give his consent to move a criminal contempt petition against the sitting Chairman of the Central Administrative Tribunal. The order dated 02.07.2019 is part of the record. Reasons have been assigned by the learned Advocate General as to why he is not giving his consent in his order dated 02.07.2019.

(2.) The petitioner before this Court is an officer in Indian Forest Service and presently serving in Uttarakhand. He had a case before the Central Administrative Tribunal which was being taken up by the Circuit Bench at Nainital, where an interim relief was granted to the petitioner on 18.09.2017. Meanwhile, the All India Institute of Medical Sciences, New Delhi where the petitioner was working earlier moved a transfer petition under Section 25 of the Administrative Tribunals Act, 1985 before the Principal Bench at Delhi for transfer of the case from Nainital to Delhi. By an ex parte order dated 27.07.2018 passed in the said transfer petition, the Chairman of the CAT, sitting singly, stayed proceedings in OA No.331/00790/2017 pending before a two member Bench at Nainital for a period of six weeks, and directed that notice be issued to respondent no. 1. Aggrieved by the said proceedings, the petitioner filed a writ petition before this Court being WPSB No.359 of 2018 which was allowed by the Division Bench of this Court vide order dated 21.08.2018 and the Circuit Bench of Central Administrative Tribunal at Nainital was requested to decide the matter within a period of six months and a cost of Rs.25,000/- (Rupees Twenty Five Thousand only) was also imposed upon the respondent. Meanwhile, the matter came up before the Principal Bench of Central Administrative Tribunal, New Delhi and it was taken up by the Chairman where an order dated 07.09.2018 was passed, which is as follows:-

(3.) Till this time, no SLP was filed by the AIIMS before the Hon'ble Apex Court. Thereafter an SLP was filed by the AIIMS against the order dated 21.08.2018 passed by the Division Bench of this Court, which was dismissed by the Hon'ble Apex Court on 01.02.2019 with a cost of Rs.25,000/- (Rupees Twenty Five Thousand only).