Nainital: In a continuing trend that underscores the complexities surrounding the legal battles of whistleblower Indian Forest Service (IFS) officer Sanjeev Chaturvedi (2002 batch, Uttarakhand cadre), Additional Chief Judicial Magistrate (ACJM) Neha Kushwaha has recused herself from hearing a criminal defamation case filed by Chaturvedi against Central Administrative Tribunal (CAT) member Manish Garg.
The judge cited personal conflict of interest as the reason for stepping away from the case, owing to family ties with CAT member D.S. Mahara, who regularly visits her official residence.
Background: Criminal Defamation vs. CAT Member
The case stems from a complaint filed by Sanjeev Chaturvedi, who is currently posted as Chief Conservator of Forests, Haldwani, in November 2023. In his petition, Chaturvedi alleged that CAT member Manish Garg used derogatory language in open court on October 16, 2023, prompting him to file a criminal defamation suit.
However, the matter escalated when a CAT bench led by DS Mahara responded by issuing a criminal contempt notice to Chaturvedi in October 2024, alleging that his defamation case amounted to contempt of court.
Chaturvedi subsequently filed a criminal contempt petition in ACJM court in November 2024, seeking judicial relief.
Why the Recusal?
ACJM Neha Kushwaha, in her order, stated that since CAT member DS Mahara is related to her and visits her official residence, it would be inappropriate and ethically unjustified for her to preside over the proceedings.
Her recusal adds to the growing list of judges who have opted out of hearing cases involving Chaturvedi.
14 Judges Have Recused Themselves So Far
Remarkably, 14 judges across various judicial forums – including two judges of the Supreme Court, two judges of the Uttarakhand High Court, the Chairman of CAT, a Shimla trial court judge, and seven CAT judges from Delhi and Allahabad—have recused themselves from Chaturvedi-related cases.
Key examples include-
- Feb 2025: CAT Judges Harvinder Kaur Oberoi and B Anand withdrew from a case related to Chaturvedi’s evaluation report, instructing the registry not to list future matters before them.
- Feb 2024: Justice Manoj Tiwari of the Uttarakhand High Court ordered that no future cases involving Chaturvedi be listed before him, without citing any reasons.
- 2013 & 2016: Then-SC judges Justice Ranjan Gogoi and Justice UU Lalit also recused themselves from matters involving Chaturvedi, including a plea demanding a CBI probe against former Haryana CM Bhupinder Singh Hooda and senior bureaucrats.
Previous Court Orders and Legal Precedents
In 2018, the Uttarakhand High Court ordered that all service matters of Chaturvedi be heard only at the Nainital Circuit Bench, also imposing a ₹25,000 fine on the Central Government for procedural delays – a decision upheld by the Supreme Court.
In 2021, this decision was reaffirmed by the Uttarakhand High Court and later challenged in the Supreme Court, which referred the matter to a larger bench in March 2023.
A Pattern or Pressure?
The large number of recusals has sparked debate in legal and bureaucratic circles, with some viewing it as a reflection of the sensitivity and political overtones surrounding Chaturvedi’s whistleblower cases. Chaturvedi is known for exposing high-profile corruption cases, particularly during his tenure in Haryana, which reportedly led to sustained professional retaliation.
