Allahabad HC: CAT cannot interfere with orders of state govt against IAS

The Allahabad High Court ruled that the Central Administrative Tribunal (CAT) cannot assume its competency to frustrate the actions taken under the Prevention of Corruption Act, by the government against an Indian Administrative Service (IAS) or any officer. Quashing an order passed by the CAT (Allahabad), the bench, consisting of Justices Amitava Lala and A P Sahi observed that power to the CAT was given after curtailing the powers of the High Court by virtue of Article 323-A of the Constitution of India, but sky is not the limit to construe as such by it. The Judges, while allowing the writ petition filed by the UP government said, ‘As the power is high, preservation of the power is higher than that, unnecessarily the jurisdiction of the tribunal cannot be widened to interfere with orders/action taken by the government against the officers under the Prevention of Corruption Act.’ The High Court in its order has clarified that any order to be passed by the Court under the Prevention of Corruption Act is appealable and revisable as per the power conferred by the CrPC in the High Court. Therefore, such power cannot be regulated by the CAT. The CAT Allahabad by an order passed on February 18, 2008 had quashed the order and had set aside all consequential action including FIR lodged against Vijay Varshney, an IAS officer in UP under section 13(1)(c) of the Prevention of Corruption Act, 1988 on his Original Application (OA) filed before it. Vijay Varshney was promoted to IAS cadre in the year 1999 and was posted as District Magistrate, Lakhimpur. The charge against him was that he had amassed asset disproportionate to his known income and for which vigilance inquiry was ordered on February 28, 2007 and it had directed to lodge an FIR against him under the Prevention of Corruption Act. The order of the State government was challenged before the CAT by Varshney. The Court rejected the argument of counsel A K Srivastava, appearing for the IAS officer that proceeding may be criminal nature in pursuance of filing of FIR, but it concerns service of an employee and therefore CAT had the power to interfere with order of the State government.

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