Nainital. In an unprecedented development, Nainital Bench of CAT, has issued contempt notices to Cabinet Secretary, TV Somanathan, Union Health Secretary Apurva Chandra and Secretary of Central Vigilance Commission (CVC), Mr. P Daniel, in a matter related to downgrading of Appraisal Report of Uttarakhand Cadre IFS officer Sanjiv Chaturvedi. It is probably for the first time that contempt notices have been issued to Cabinet Secretary in service matter of any officer.
Earlier in December 2017, Central government had filed an Application in this matter before CAT for deletion of name of Cabinet Secretary in this matter. However, in April 2018, CAT had rejected his Application, saying that since selection of the officer to the deputation post was done with approval of Cabinet Secretary and since prayers in the case are also against him, hence he is a necessary party in the matter.
The notices were issued by Division Bench of CAT on 21st April, against these three officers, ‘to show cause why contempt proceedings shall not be initiated against them for non compliance of orders dated 23.02.2023 and 23.03.2023 passed by Tribunal.’ Next date of hearing is fixed on 9th July.
On February 23rd, in year 2023, CAT had passed an order, on an application filed by Chaturvedi, to provide certain documents related to final outcome and alleged closure of enquiries done by him as Chief Vigilance Officer (CVO) in certain high profile corruption cases. He had alleged that it was because of his actions in these cases that his Appraisal Report for Financial Year 2015-16 was downgraded and against which he had filed Petition in CAT in July 2017. Again in March 2023, CAT had ordered Cabinet Secretary, CVC Secretary and other officers in the matter, to supply copy of all these documents to Chaturvedi.
However, AIIMS, Delhi, had moved Nainital High Court against these orders. In May, 2023, High court had stayed both the orders of CAT.
However, in May, 2024, Nainital High Court clarified that Cabinet Secretary, Union Health Secretary and Central Vigilance Commission are not covered by Stay orders passed in case of AIIMS.
Subsequent to modification orders issued by High Court, Chaturvedi had moved Contempt Petition against these three officers before Nainital Circuit Bench of CAT, in December 2024, alleging that despite modification orders passed by High Court, and being intimated about the same, these officers are not providing him copies of documents, as ordered by CAT.
This is the tenth such case in which contempt proceedings have been initiated against senior officer of Central Government, on contempt Petition of Sanjiv Chaturvedi. In October 2024, Nainital High Court had issued contempt notice to Secretary, Department of Personnel & Training. In September 2023 and in March 2024, Delhi High Court had issued contempt notice to three senior CBI officer and in February 2023, CAT had issued contempt notices to Union Forest and Environment Secretary. In February 2019, Nainital High Court had issued contempt notice to CAT Chairman. In July 2019, Nainital High Court had issued contempt notice to then Union Health Secretary.
