In a major setback to Union health minister J.P. Nadda and AIIMS director M.C. Misra, the Central Administrative Tribunal has quashed their orders related to former AIIMS CVO Sanjeev Chaturvedi, They had directed that Mr Chaturvedi’s “insubordination, indiscipline and lack of work ethics during the Winter Session of the Parliament last year” should included in the officer’s personal file for consideration of his annual performance assessment report (APAR). The CAT noted that the orders had been issued against the principles of natural justice, without issuing a show-cause notice to Mr Chaturvedi.
In his January 7, 2016 order, the AIIMS director had expressed “displeasu-re with his (Mr Chaturvedi) insubordination, indiscipline and lack of work ethics during the Winter Session of Parliament 2015.”
Prof. Misra had also ordered that a copy of the memorandum be kept in Mr Chaturvedi’s personal file for consideration in his annual performance assessment report for the period 2015-16.
On March 30, the Union health minister, Mr Nadda, who is also president of AIIMS, had upheld and reiterated this memorandum with a direction that “this may be sent to the secretary, ministry of health and family welfare and cadre controlling authority.”
“The orders dated January 7 and March 30 passed by the respondents (AIIMS director and its president) to the applicant (Mr Chaturvedi) with copies to other concerned ministries, including chief secretary, Uttarakhand, is without issuing a show-cause notice to him. This being against the principles of natural justice, both these orders are quashed,” ruled the tribunal.
After both the orders were issued, Mr Chaturve-di had approached the CAT, claiming that these orders had sought to taint his service record and placed him at a very disadvantageous position regar-ding future periodical rev-iew of the service record. Mr Chaturvedi pleaded th-at these orders were passed with personal malafide as he was exposing corruption cases in the AIIMS.
