The high court noted that Chaturvedi's case was transferred "ostensibly, on the ground that the matter of this nature would have their own impact on the very functioning of the central government". The court is of the opinion that the reasoning contained in the CAT's order dated "is legally unsustainable" and set aside it while allowing Chaturvedi's petition, according to the order issued by Chief Justice Raghvendra Singh Chauhan and Justice N S Dhanik, on October 23.Ĭiting a Supreme Court verdict, the high court said a challenge to a policy decision can equally be invoked before any bench of the CAT.
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The CAT's principal bench through its order dated Decemhad allowed the Centre's plea for transfer of the case to Delhi.Īggrieved over the tribunal's order, Chaturvedi had moved the high court. The Centre, in October 2020, had sought transfer of the case from the Nainital circuit bench to the tribunal's principal bench in New Delhi, saying "since the decision with regard to a policy decision of the central government would have nationwide repercussions, therefore, only the principal bench is a suitable bench for deciding the validity of the policy decision" among other reasoning. Chaturvedi, who is posted in Haldwani, had in February last year filed an application with the tribunal's bench here challenging the civil servants' empanelment process.