New Delhi: The Central Administrative
Tribunal has slammed Commonwealth Games Organising Committee
for "wasting" its time by not disclosing about the appointment
of security chief for the sporting event while a case on it
was going on and slapped a fine of Rs 20,000 on it.
"This is nothing but a vexatious and frivolous litigation
instituted by the impleading applicant (OC) by abusing the
process of law...It is necessary to prevent any person or
party from instituting or continuing vexatious proceedings
especially habitually and without reasonable ground," the
Bangalore Bench of the Tribunal said.
The observation came while hearing the matter of the
appointment of an Additional Director General (ADG) for Games
security, a post which was lying vacant for more than a year
owing to a legal tussle between the Union government and a
senior IPS officer R P Sharma.
The OC had in 2008 sent a proposal to the Ministry of
Home Affairs recommending the name of Sharma, a 1987 batch
Karnataka cadre officer, 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 filed an appeal with
CAT Bangalore Bench in January 2009 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 this year.