Early Times Report
JAMMU, Aug 4: The Central Administrative Tribunal, Srinagar Bench, has taken strong exception to an application filed by Dr. Sandeep Kaur Bali, Incharge Principal, Government Dental College Srinagar, seeking recusal of a Tribunal Member on grounds of alleged bias, terming the attempt as "forum shopping" and "kite flying" aimed at interfering with the course of justice.
The Tribunal was hearing an application filed by Dr. Altaf Hussain Chalkoo against the Health and Medical Education Department regarding promotion issues. On July 22, 2025, respondent No. 3, Dr. Sandeep Kaur Bali, had filed M.A. No. 972/2025 seeking recusal of one of the Members, alleging that the Member visited her chamber for dental issues and hence could be biased.
Appearing for the applicant, Advocate Suhaib F. Bandey pressed for continuation of the main matter, while Deputy Advocate General Syed Musaib represented respondents 1 & 2. Senior Advocate Jahangir Ganai, along with Advocate Mehnaz Rather, appeared for respondent No. 3.
In a detailed order, the Bench comprising Prasant Kumar (Member A) and M. S. Latif (Member J) termed the conduct of Dr. Bali as prima facie falling within the ambit of criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971, noting that the application was "bereft of truth," and "a ploy to choose her arbitrator."
CAT further observed that "Such acts lower the majesty of law and attempt to scandalize the judicial institution. A mere apology cannot act as a shield against contempt."
However, on July 29, Dr. Bali submitted M.A. No. 1039/2025 seeking unconditional withdrawal of her earlier application and tendered an apology supported by a sworn affidavit.
Senior Advocate Ganai submitted before the Bench that the apology was genuine and made with complete remorse. The Tribunal, after a strong critique of the initial conduct, eventually accepted the apology citing it to be sincere and not a mere "paper apology," but also issued a stern caution.
Citing multiple Supreme Court judgments including Bal Kishan Giri v. State of U.P. and L.D. Jaikwal v. State of U.P., the Bench emphasized that while magnanimity could be extended in bona fide circumstances, any attempt to browbeat the judiciary would be dealt with an "iron hand."
The Tribunal accordingly disposed of M.A. 1039/2025 and allowed withdrawal of M.A. 972/2025, while directing the remaining respondents to file objections in the main case within four weeks. The matter will next be heard on August 20, 2025. (JNF) |
