Nainital: In a rare and unprecedented development, the Uttarakhand High Court on Tuesday recalled its own orders passed in November 2021, in a contempt matter of then Central Administrative Tribunal (CAT) Chairman, Justice L Narasimha Reddy, on the basis of recall application filed by Uttarakhand Cadre IFS officer Sanjiv Chaturvedi.
The order passed by a single Bench of Justice Manoj Kumar Tiwari, on July, 29th says, ''for the reasons stated in the affidavit filed in support of recall application, order dated November 17, 2021, is recalled.'' It further says, '' Recall application stands allowed accordingly''.
The matter goes back to February 20, 2019, when the Single Bench of Justice Sharad Sharma of Uttarakhand High Court, had issued contempt notice to then CAT Chairman, Justice L Narasimha Reddy, on contempt petition of Sanjiv Chaturvedi, for 'willful disobedience' of Uttarakhand High Court.
Through these orders, Uttarakhand High Court had directed that the service matter case of Sanjiv Chaturvedi, of downgrading his ACR, would be heard by the Nainital Bench of CAT only. Justice L Narsimha Reddy challenged this order of the High Court before Supreme Court in March 2019. In 2019, the Supreme court had stayed 'all further proceedings in contempt petition' until further orders. The matter is still pending before Supreme Court.
However, in November 2021, the Single Bench of Justice Manoj Tiwari of Uttarakhand High Court, listed the matter for hearing in which no counsel or party was present from any side and discharged CAT chairman Justice Reddy of Contempt charges, giving 'Petitioner liberty to seek recall of this order, as and when SLP is decided in his favour.'
Sanjiv Chaturvedi had filed a Recall application on December 2, 2021, by Sanjiv Chaturvedi asking for recall of the above order, citing Supreme Court stay order and the precedence it would create for similar other contempt cases.
Earlier also, Punjab and Haryana High Court had recalled its order to form a fresh SIT against Sanjiv Chaturvedi in a suicide case, in which earlier SITs had given a clean chit to him. Punjab and Haryana High Court had observed, ''the directions given in the impugned order for constitution of SIT again his surely an error and there had been a clear oversight and without reference to the factual details brought in the affidavit of the police''. —ANI