HYDERABAD: A division bench of the Central Administrative Tribunal (CAT), Hyderabad, comprising Dr Lata Baswara Patne (Judicial Member) and Shalini Misra (Administrative Member), has imposed a fine of Rs 50,000 on Rajnish Kumar Rai, a retired IPS officer and assistant professor at the Indian School of Management, Ahmedabad for ‘abusing’ the legal process by repeatedly challenging his transfer. The fine is to be paid within one month from the date of the order to Sishuvihar, Women, Children, Disabled, and Senior Citizens Department in Hyderabad district.
He was fined for repeatedly challenging his transfer on 12 June, 2017 from Shillong, Meghalaya, to Chittoor in Andhra Pradesh. Despite initial dismissals of his appeals by the tribunal and subsequent rejection by the Delhi High Court, Rai continued his legal battle by filing a Special Leave Petition (SLP) before the Supreme Court.
CAT observed that Rai, being a highly educated individual and presently an assistant professor at IAM Ahmedabad, ought to have demonstrated better judgment. Rai’s pursuit of legal remedies across multiple forums, including the Gujarat High Court and the Supreme Court, in regard to the charge memo dated 16 February, 2023, which is currently the subject matter of the SLP before the Supreme Court, was deemed an abuse of the judicial process.
The bench highlighted Rai’s misuse of legal avenues, noting his earlier failed attempts at redressal, including a dismissed original application (OA) at the CAT Ahmedabad Bench and an unsuccessful appeal at the Gujarat High Court.
The CAT Bench emphasised that Rai, as a high-ranking officer, should serve as a role model for society. However, his actions were found to be contrary to the principles of judicial prudence and fair legal practice.
In conclusion, the CAT Hyderabad Bench dismissed Rai’s current OA, citing its lack of maintainability, given the ongoing proceedings in the Supreme Court. The imposition of costs of `50,000 serves as a deterrent against the abuse of legal processes by individuals.