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All India Institute of Medical Sciences v. Sanjiv Chaturvedi & Ors.

Civil Appeal · 2019 INSC 127Decided 1 Feb 2019
Civil Appeal No. 1392 of 2019
Justice R. Banumathi · Justice Indira Banerjee

Background

Sanjiv Chaturvedi, an Indian Forest Service officer who served as Deputy Secretary and Central Vigilance Officer at AIIMS, alleged he was progressively stripped of his duties after exposing corruption in infrastructure projects, despite having received "outstanding" appraisals and the Ramon Magsaysay Award for integrity. After his tenure ended, he challenged an adverse Annual Confidential Report before the Central Administrative Tribunal's (CAT) Nainital Bench, which granted him interim protection. The Union of India then applied to the CAT's Chairman (sitting alone) for transfer of that case to Delhi, and the Chairman, acting ex parte, stayed the Nainital Bench's proceedings: a stay the Uttarakhand High Court later quashed, prompting AIIMS's appeal to the Supreme Court.

Decision Breakdown

The Supreme Court held that the CAT Chairman, though higher in administrative protocol, is "one amongst equals" when acting judicially under the Administrative Tribunals Act, and has no inherent power to stay or override an order of a co-equal two-Member Bench while merely considering a transfer application. Relying on established principles of judicial discipline (that coordinate or smaller benches cannot undo the orders of benches of equal or larger strength without proper authority), the Court found the Chairman's ex parte stay order to be "without jurisdiction and unsustainable in law." The Court upheld the Uttarakhand High Court's decision quashing the stay and dismissed AIIMS's appeal, declining to examine the respondent's other contentions since the jurisdictional point was itself decisive, and imposed costs of Rs. 25,000 payable to the Supreme Court Legal Services Committee.

Lesson Learnt

The head (Chairman/Chief Justice) of a tribunal or court cannot use administrative seniority to overturn or stay a judicial order passed by another bench of equal or greater strength merely because a transfer application is pending: such interference, even if well-intentioned, is without jurisdiction unless the law expressly grants that power.

Official source (sci.gov.in)View Judgment (PDF)

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