Imposes Rs one lakh cost
Mohinder Verma
JAMMU, July 18: The Central Administrative Tribunal (CAT), Jammu Bench has imposed a cost of Rs 1,00,000 while dismissing a petition filed against Lieutenant Governor of Union Territory of J&K by a senior IAS officer Ashok Kumar Parmar.
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The order has been passed by Judicial Member Rajinder Dogra, who observed, “Article 361(4) of the Constitution of India clearly says that there is immunity to the President of India and the Governors of the States who are holding Constitutional posts and they cannot be sued in any court of law and also no court can issue notice to these dignitaries while they are sitting in office”.
“In the instant case, the applicant has made Lieutenant Governor of J&K UT party by name. The applicant has also impleaded seven top officials as party. They are Rajiv Gauba, Cabinet Secretary, Union of India, Ajay Kumar Bhalla, Union Home Secretary, Radha Chauhan, Secretary DoPT, Shaleen Kabra, Financial Commissioner, Jal Shakti Department J&K, Arun Kumar Mehta, ex- Chief Secretary J&K and Rajiv Rai Bhatnagar, Advisor to Lt Governor J&K”, the CAT said.
“The applicant who is seeking relief from the department has not arrayed it as party. The applicant has made these top officials as party along with Lt Governor by name to settle his personal scores. Even he has not sought the relief against some officials and they have been dragged into the court unnecessarily. There is no mala fide alleged by the applicant against these officials”, the CAT said, adding “all these persons have done their duty in official capacity so the applicant cannot drag them before the court by impleading them by name”.
The CAT further observed, “it is misuse of the judicial process and we cannot expect this from a senior IAS officer who is not aware of the basic fundamentals of the law that the Governors of the States and the President of India have immunity and they cannot be impleaded as party and no court can issue notice to them”, adding “so this petition deserves to be dismissed with exemplary cost so that before filing such petition in future he should seek a proper advice with respect to whom he should implead party and whom not”.
Accordingly, CAT imposed cost of Rs 1,00,000 on IAS officer Ashok Kumar Parmar.
“It is the case of expunging of the adverse remarks made by the ex-Chief Secretary in his service book for which he has already filed two petitions which are still pending for adjudication before this court”, the Judicial Member said.
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