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2023 Supreme(SC) 189

M. R. SHAH, B. V. NAGARATHNA
Union of India – Appellant
Versus
Sanjiv Chaturvedi – Respondent


Advocates:
For the Petitioner(s): Mr. Tushar Mehta, Solicitor General Mr. K M Nataraj, A.S.G. Mr. Kanu Agarwal, Adv. Mr. Rajat Nair, Adv. Mr. Anukalp Jain, Adv. Mr. Adit Khorana, Adv. Ms. Aakanksha Kaul, Adv. Mr. Arvind Kumar Sharma, AOR
For the Respondent(s): Mr. Shyam Divan, Sr. Adv. Ms. Mayuri Raghuvanshi, AOR Mr. Vyom Raghuvanshi, Adv. Mr. Gurmeet Singh Makker, AOR Mr. Hrishikesh Baruah, AOR Ms. Apoorva Jain, Adv. Mr. Himanshu Shekhar, AOR Mr. Parth Shekhar, Adv. Mr. Shubham Singh, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Leave granted.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.10.2021 passed by the High Court of Uttarakhand at Nainital in WPSB No. 407/2020, by which, the High Court has allowed the said writ petition and has set aside order dated 04.12.2020 passed by the Chairman, Central Administrative Tribunal (CAT), Principal Bench, New Delhi by which the learned Principal Bench of the Tribunal transferred Original Application (OA) No. 331/109/2020 filed by the original writ petitioner, from the Allahabad Bench (Nainital Circuit Bench) to the Principal Bench, New Delhi, the Union of India has preferred the present appeal.

3. The facts leading to the present appeal in a nutshell are under:

    3.1 That the contesting respondent No. 1 herein-original writ petitioner filed original application (OA) before the Nainital Circuit Bench, CAT with the following prayers:

    “(a) To call for records and issue appropriate direction/order for quashing present system of 360 degree appraisal being used in empanelment of officers at the level of Joint Secretary and above in Central Government, being arbitrary, unreasonable, in violation of principles of


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