Chaturvedi wins battle, ACC approves cadre transfer -Governance Now

Chaturvedi wins battle, ACC approves cadre transfer

Magsaysay winner had to finally approach CAT with contempt plea

Pankaj Kumar | August 17, 2015 | New Delhi

#sanjiv chaturvedi #whistleblower #corruption #uttarakhand #ACC #haryana #CAT #bureaucracy

Sanjiv Chaturvedi, the Indian Forest Service (IFS) officer who has emerged as a whistle-blower, has won a battle, as the centre has finally approved his long-pending cadre transfer.

The appointment committee of cabinet (ACC) passed the order on August 12, after initial reluctance. The central administrative tribunal (CAT) had asked it on May 6 to transfer his cadre from Haryana to Uttrakhand, setting aside its instructions to the officer to get fresh no-objection certificate (NOC) from the parent cadre.

Chaturvedi, who won the prestigious Ramon Magsaysay award this month, had to go to the CAT with the contempt petition on August 10, which finally prompted the ACC to do the needful.

After completing his present assignment at the All-India Institute of Medical Sciences (AIIMS) in May 2016 (thus completing four years of central deputation), Chaturvedi will move to Uttarakhand.

Here is a chronology of Chaturvedi’s travails:

08.10.2012: The officer applies for Cadre Change from Haryana to Uttrakhand Cadre on grounds of extreme hardship; as per rules, Cadre transfer allowed only on grounds of extreme hardship and marriage; extreme hardship of the officer included 12 transfers in 5 years, suspension, two major penalty chargesheets issued for removal from service, false police and vigilance cases, spoiling of ACR and even refusal of the State Government to relieve the officer for central deputation in AIIMS; Four orders from President of India were issued between 2008 to 2014 to quash various illegal orders of State Government against the officer; apart from that extraordinary orders for relieving of the officer were issued in 2012 for his joining at AIIMS; presently a writ petition filed by the officer for CBI investigation of various corruption cases exposed by him in Haryana involving then Forest Minister, Chief Minister office and senior bureaucrats pending before the Supreme Court.

04.03.2014: Haryana Government gives NOC for cadre change.

22.04.2014: Uttrakhand Government gives NOC for cadre change.

25.07.2014: The Ministry of Environment Forest and Climate Change also recommends cadre change on grounds of extreme hardship and sends the case for final approval of Appointment Committee of Cabinet (ACC) headed by Prime Minister (only other member is Home Minister but he has no role in decision making).

14.08.2014: The officer removed from the post of Chief Vigilance officer, AIIMS, New Delhi under the pressure of Sh. J.P. Nadda who became Health Minister in November, 2014.

28.01.2015: After six months, ACC returns back the case to the MoEFCC, ordering them to get fresh NOC from both the State Governments and re-submit the case.

18.02.2015: The Central Administrative Tribunal, Delhi stays the ACC orders of seeking fresh NOC and issues notices to the Central Government on the basis of petition of the officer in which he alleged discrimination and malafide against Central Government because of his taking action against corruption in AIIMS in which name of Sh. J.P. Nadda, Union Health Minister had figured.

06.05.2015: The CAT, Delhi quashes ACC order of seeking fresh NOC and gives two month time to decide the case; passes severe strictures against central government and quoting Rabindranath Tagore’s poem, says that a situation should not be created where corruption is awarded and honesty is punished.

10.08.2015: The officer issues contempt notice.

12.08.2015: The ACC issues order for cadre change, from Haryana to Uttarakhand.

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