Delhi High Court Sets Aside CAT Chairman's Transfer Order in Amit Lodha's Case
The Delhi High Court noted, "The petition seeking transfer of the proceedings from one Bench to another becomes an adversarial litigation, and therefore it was incumbent upon the Chairman to pass a reasoned order evidencing the reasons for his decision, in the interest of justice."
The Delhi High Court has set aside the order of the Central Administrative Tribunal (CAT) chairman transferring IPS officer Amit Lodha's plea challenging disciplinary proceedings to the CAT principal bench. The Court allowed the plea filed by the Bihar government challenging the CAT's decision to transfer the cases against Lodha to Delhi.
A bench comprising Justice V Kameswar Rao stated, "we are fortified in our reasoning as the Chairman in the instant case, is not exercising his suo moto power as contemplated under Section 25 of the Act of 1985. Rather the exercise of power is on an application filed by the respondent No.1, pursuant to which notice was issued and arguments were heard from both sides."
"In such a circumstance, the petition seeking transfer of the proceedings from one Bench to another becomes an adversarial litigation, and therefore it was incumbent upon the Chairman to pass a reasoned order evidencing the reasons for his decision, in the interest of justice," the bench added.
Amit Lodha, known for the Netflix series 'Khakee: The Bihar Chapter,' faced disciplinary proceedings initiated by the Bihar government. Lodha, in response, challenged the proceedings, arguing that the charges were vague and lacked substance. He filed a transfer petition seeking to move his case from the Patna Bench of the CAT to the Principal Bench in Delhi, citing ill-motivated actions by the Bihar government.
The CAT Chairman passed two orders in March 2023, transferring one case to Delhi and retaining the other in the principal bench. However, the Delhi High Court found the chairman's orders lacking reasons, violating the principles of natural justice.
The Court set aside these orders and directed the CAT Chairman to reconsider the transfer petitions, providing a reasoned and speaking order.
However, the bench revived the Transfer Petition while stating that "The same are revived on the Board of the Chairman, Central Administrative Tribunal, who shall consider the Transfer Petitions afresh by hearing the counsel for the parties and pass a reasoned and speaking order in accordance with law."
Case Title: STATE OF BIHAR & ORS. VS. AMIT LODHA & ORS.