Delhi HC dismisses CBI plea challenging CAT order on DSP's A K Bassi

a plea by CBI challenging an order passed by CAT which said there was no illegality on the part of DSP A K Bassi in approaching the Supreme Court with an application challenging his transfer

The Delhi High Court Friday dismissed a plea by CBI challenging an order passed by the Central Administrative Tribunal (CAT) which said there was no illegality on the part of DSP A K Bassi in approaching the Supreme Court with an application challenging his transfer from Delhi to Port Blair.

A bench of Justices Vipin Sanghi and Jasmeet Singh said it was not inclined to interfere with the CAT order and added that CBI does not disclose how his act of availing a legal remedy is treated as misconduct.

The bench said Bassi had not approached the Supreme Court for his vindication on account of adverse criticism but challenged his transfer order.

Bassi, working as Deputy Superintendent of Police, CBI, was issued a memo on December 11, 2019 with two charges against him. The first was that he did not report to CBI Port Blair, Andaman and Nicobar Islands, though he was transferred to that place through an order of October 24, 2018.

The second was that he filed an application before the Supreme Court without obtaining any prior sanction of the government or intimation to it. He challenged the charge memo before the tribunal.

The CAT, by its January 11, 2021 order, had not found any serious illegality or infirmity in the order of transfer.

However, regarding the second article of charge, the tribunal had said that it found that the application filed by Bassi, was dealt with by the Supreme Court and an order was passed. The question of department finding any illegality or infirmity into the same does not arise, the tribunal had said, adding that it was accepting the arguments advanced in this regard by the officer.

In the high court, the CBI counsel challenged the quashing of second article of charge by the CAT and alleged that the officer conducted himself as undisciplined towards the government and that the tribunal has quashed the article of charge without any proper discussion.

Bassi, who was the investigating officer in the corruption case against CBI's former special director Rakesh Asthana, had challenged before the apex court the transfer order issued on January 11, last year saying it was violative of the directions issued by the top court.