Uttarakhand HC directs personnel dept to file specific affidavit regarding receipt date of deputation application of IFS officer Sanjiv Chaturvedi
Aug 19, 2023
Dehradun (Uttarakhand) [India], August 19 : A Division Bench of Uttarakhand High Court, hearing Writ Petition filed by Uttarakhand cadre IFS officer, Sanjiv Chaturvedi, regarding allegations of forgery and fabrications in selection to the post of Member in Central Government’s Staff Selection Commission, has directed Central government’s Department of Personnel & Training (DoP&T) to file a specific affidavit before it, which ‘shall mention the date of delivery of envelope containing petitioner’s application in the Central Registry of D.O.P.T.’
The dispute dates back to the year 2020 when DoP&T published an open advertisement in January 2020 for filling up the post of Member in the Staff Selection Commission. The last date for submission of applications was March 23, 2020. As per the Writ filed before High Court, the officer has claimed that his application duly forwarded and recommended by the Government of Uttarakhand had reached the Central Registry of DoP&T on March 20, 2020.
In his support, he has filed affidavits from the Department of Post, which says that the application of the officer was actually received as per his claims on March 20, 2020, and substantiated by the stamp of Central Registry of DoP&T in the book of Postman on March 20, 2020.
However, DoP&T in its reply to an earlier writ on the same matter, had claimed that application of the officer had reached only on May 29, 2020, which was beyond the last date and hence it was rejected.
Other issues of dispute are the claim of DoP&T that Forest Research Institute (FRI), at Dehradun, from which the officer had claimed a postgraduate degree, is a ‘non-recognized institution’ and also about the Date of Birth and Work Experience of the Officer. In his writ, the officer has also cited certain other ‘fabrications and forgery’ to call ‘in eligible candidates' for interview and relaxation given in favour of a particular candidate to relax his cooling off period.
In this regard, the first writ petition was filed by the officer in January 2021, before Nainital High Court, asking for the quashing of the Selection order of another officer and for criminal investigation by CBI into allegations of forgery and fabrications. This petition was sent to Circuit Bench of Nainital CAT, by High Court in March 2023, terming it as a Service matter. CAT had concluded a hearing on May 23rd and reserved judgement, which was finally pronounced on July 24. In its judgement, CAT dismissed the case of the officer saying that his application was received in the wrong section of DoP&T on March 20, 2020, and it was only on May 29, 2020, that his application was received in the correct section which was beyond the last date.
It was this order which officer challenged before Uttarakhand High Court. High Court has issued notices to Postal Department, DoP&T and Uttarakhand Government, to file a reply within four weeks and fixed the date of the next hearing on October 4th.
Meanwhile, regarding the matter of criminal investigation, the officer had approached Supreme Court which in its order dated July 4th said, ‘it is always open for him to take appropriate steps in that regard, in accordance with the law, before the appropriate forum’. In his writ officer has claimed that this liberty granted by Supreme Court would be negated by orders of CAT, which he has also claimed that, is ‘against material records’ of the case and hence, the High Court should set aside orders passed by CAT.
