CAT member recuses from case after two hearings
CHANDIGARH::SEVENTEEN days after put on notice by the Chandigarh bench of Central Administrative Tribunal (CAT), the Centre and Union Public Service Commission (UPSC) did not file the replies until July 21 in a case challenging the new selection system of Haryana’s Non-state Civil Service (NON-SCS) officers to fill five Indian Administrative Service (IAS) posts.
In yet another twist, the day before the high-stake case came up for second resumed hearing on July 21, Sanjeev Kaushik, other member of the bench that had issued notices, recused himself.
The case has been placed before Ajanta Dayalan, single bench member of the Tribunal.
Sanjeev Kaushik is a former additional advocate general of Haryana while Ajanta Dayalan is a retired 1978-batch officer of the Indian Audit and Accounts Service.
“The case was listed for July 21 after issuance of notice on July 3 and further hearing on July 14,” Ajanta Dayalan, member, CAT, has said in the order. “However, on July 20 the other member Sanjeev Kaushik recused himself and as such the case is placed before single bench of this Tribunal,” Dayalan added.
Dayalan observed that as the matter pertains to policy issue regarding appointment to a premier service namely the IAS and also “involves interpretation of statute,” this case needs to be placed before an appropriate division bench.
During the resumed hearing, counsel for the applicant pleaded that the written examination (that is being challenged in this case) is scheduled to be held on August 9. As such, the matter regarding interim prayer needed to be decided urgently, the applicant’s counsel argued.
“In view of urgency of the matter,” the order reads,” Registry is directed to take steps for constitution of appropriate division bench and the matter be listed before it, urgently, preferably within this week or early next week.”observing that the Centre and the UPSC have not filed the reply so far, Dayalan stated: “They are directed to file their replies before the next date.”