Friday, September 06, 2024

HC directs central govt to provide empanelment documents to IFS officer Sanjiv Chaturvedi

Times of India: Dehradun: Friday, 6 September 2024.
In a significant order, Uttarakhand High Court (HC) directed central govt to disclose and provide empanelment documents to Uttarakhand cadre Indian Forest Service (IFS) officer Sanjiv Chaturvedi.
A division bench of Chief Justice Ritu Bahri and Justice Alok Kumar Verma passed the orders on Sept 3, while hearing the writ petition filed by the officer in which he argued his case.
The order stated: "Keeping in view that the petitioner has sought his own record, a direction is being given to the respondents to give the record relating to the process and decision-making of the empanelment of the petitioner at the level of the joint secretary, who took the decision on Nov 15, 2022."
Notably, the court categorically said disclosure is to be limited to documents pertaining only to Chaturvedi's empanelment.
The order is thought to be the "first of its kind concerning the provision of documents related to an officer's empanelment". Typically, the empanelment process is opaque, with officers never being informed as to why their names were excluded from list of those appointed as joint secretaries, additional secretaries, or secretaries in central govt.
Earlier, Chaturvedi had filed a petition in the Central Administrative Tribunal, in Dec 2022, seeking disclosure of documents pertaining to his empanelment. However, the petition was dismissed in May this year on the ground that, "disclosure of the records pertaining to Appointments Committee of Cabinet and Civil Service Board being confidential documents is prohibited as per Section 8 (1) (i) of RTI Act".
Chaturvedi had challenged this order before the Uttarakhand HC in June, claiming that orders of the Tribunal, "has been passed on the basis of prima facie, baseless, fictitious, factually incorrect and unsubstantiated submissions" made by central govt.
In his petition, he cited his consistent "outstanding" performance ratings, four presidential orders in his favour during his tenure in Haryana, Union health ministry's commendation of his performance as chief vigilance officer at AIIMS as "exemplary", and various favourable observations regarding his credentials made by Uttarakhand HC, Delhi HC, and Supreme Court.
Chaturvedi, a 2005 IFS officer from Haryana cadre, was given Ramon Magsaysay Award in July 2015. In Aug 2015, following court intervention, his cadre was transferred from Haryana to Uttarakhand.
Currently serving as chief conservator of forests in research wing of the department, he joined Uttarakhand cadre in Aug 2016 and was initially posted as conservator of forests (research) in Haldwani.