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Sunil Kumar Yadav vs. UOI; G. E. Veerabhadrappa vs. UOI (CAT)

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DATE: November 29, 2012 (Date of publication)
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Click here to download the judgement (CAT_orders_staying_ITAT_Members_transfers.pdf)


Transfers of Hon’ble ITAT Members stayed by interim orders

Hon’ble Shri. Sunil Kumar Yadav, Judicial Member, posted at Lucknow, has filed a case before the Central Administrative Tribunal (CAT), Lucknow Bench, claiming that his transfer, within a span of one year, from Lucknow to Chennai, which was then modified from Lucknow to Kolokota was “arbitrary and with a malafide intention” and contrary to the guidelines laid down in Ajay Gandhi vs. V. B. Singh (2004) 2 SCC 120. By an interim order dated 19.11.2012, the CAT has stayed operation and implementation of the impugned transfer order.

Hon’ble Shri. G. E. Veerabhadrappa, Vice President, who was earlier appointed officiating President till his replacement by Hon’ble Shri. H. L. Karwa, has filed a case before the CAT, Mumbai Bench, claiming that his transfer from Mumbai to Kolkota during the pendency of a representation made to the Law Minister seeking review of the decision to replace him as officiating President, was “mala fide” and “not in bona fide exercise of power” and contrary to the guidelines laid down in Ajay Gandhi vs. V. B. Singh (2004) 2 SCC 120. Vide order dated 27.11.2012, the CAT has directed that status quo should be maintained till the next date of hearing.

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