CAT slams Cabinet, Home Secys; fines them Rs 25K
New Delhi/Bangalore: The CAT has imposed
a fine of Rs 25,000 on a Cabinet Secretary and three other top
officials to be paid to a senior IPS official, whose case for
appointment to an important post in the Commonwealth Games
Organising Committee was turned down.
The Bangalore bench of the Tribunal observed "grave
flaws" of omissions and commissions in all the actions taken
by the senior officials of the Central government and directed
them to pay the sum as the cost of the application.
"The action of the respondents (Cabinet Secretary,
Home Secretary, Principal Secretary to the PM and Department
of Personnel and Training Secretary) has been arbitrary and
they have committed serious procedural irregularities," the
Bench said in its order on November 15.
The observation came while hearing the matter of the
appointment of an Additional Director General (ADG) for Games
The Organising Committee had in 2008 sent a proposal
to the Ministry of Home Affairs recommending the name of RP
Sharma, a 1987 batch officer of Karnataka cadre, for the job
on the basis of a report made by a Search Committee.
Based on recommendations of both the OC and Karnataka
government, Sharma also attended different CWG
security-related meetings in Delhi when the proposal was
awaiting clearance by the MHA.
However, Sharma`s name was not cleared after "careful
consideration" of the matter by the Ministry of Youth Affairs
Aggrieved over the rejection, Sharma had filed an
appeal with CAT Bangalore Bench in January last year seeking
its direction to the Centre to consider his application and to
issue clearance for his deputation.
Hearing the matter, the CAT had in April 2009 directed
the respondent (MHA) to act as per the instruction given in a
Department of Personnel and Training (DoPT) circular stating
that Sharma is eligible to be considered by the committee
under the chairmanship of Cabinet Secretary for screening the
cases of deputation.
The court also asked the MHA to place Sharma`s case
before the committee and to submit their recommendations to
Prime Minister Manmohan Singh (if the recommendations are
positive) and to complete all the required procedure before
May 30, 2009.
Surprisingly, after over a year of legal battle, the
OC in one of its submissions recently said, "There is no
further requirement of ADG Security as the Organising
Committee has decided to avail the services of an officer from
the Indian Police Service of the rank of Additional Director
General of Police in view of the security reasons and various
threats of breach."
Hearing the matter, the court agreed that applicant`s
(Sharma) reputation is tarnished by the illegal and
unconstitutional methods adopted by the respondents.
The court has directed that Sharma`s case to be put up
before Prime Minister Manmohan Singh for his approval.
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