JAMMU, July: The Central Administrative Tribunal (CAT), Jammu Bench has levied a ₹1,00,000 penalty while dismissing a petition filed by senior IAS officer Ashok Kumar Parmar against the Lieutenant Governor of the Union Territory of J&K.
The order, issued by Judicial Member Rajinder Dogra, noted that “Article 361(4) of the Constitution of India clearly provides immunity to the President of India and the Governors of the States holding Constitutional posts, preventing them from being sued or served notices by any court while in office.
In this case, the applicant has named the Lieutenant Governor of J&K UT as a party. Additionally, the applicant has included seven top officials as parties: 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, former Chief Secretary J&K and Rajiv Rai Bhatnagar, Advisor to the Lieutenant Governor of J&K,” stated the CAT, according to news agency Kashmir Dot Com.
“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”.
“This is a misuse of the judicial process, and it is unexpected from a senior IAS officer who should be aware of the basic fundamentals of the law. Governors of the States and the President of India have immunity and cannot be impleaded as parties, nor can any court issue notices to them,” the CAT further observed. “Therefore, this petition deserves to be dismissed with an exemplary cost, ensuring that before filing such petitions in the future, the applicant seeks proper advice regarding whom to implead as a party and whom not to.
Accordingly, CAT imposed cost of Rs 1,00,000 on IAS officer Ashok Kumar Parmar.
“This case involves the expunging of adverse remarks made by the former Chief Secretary in the officer’s service book, for which he has already filed two petitions that are still pending adjudication before this court,” stated the Judicial Member. (KDC)
