SHRI SUKUMAR N OOMMEN Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition is preferred challenging the order of the Central Administrative Tribunal in O.A. 815 of 2001. Petitioner who appeared in person approached the Central Administrative Tribunal seeking a declaration that he is entitled to continue on deputation in the State of Kerala for a period of 5 years on the basis of the office memorandum dated 11.4.1991 issued by the Government of India. A direction was also sought for to the State Governments of Manipur, Tripura, Kerala and the Government of India to permit him to continue on deputation for the full period of five years as per the office memorandum dated 11.4.1991. A Writ of prohibition was also sought for against the State Government in giving effect to order dated 12.9.2001 repatriating him from the State of Kerala. Tribunal did not find any reason to grant the reliefs prayed for and dismissed the application against which this Writ Petition has been preferred. When the matter came up for hearing we heard the petitioner who appeared in person as well as the learned Advocate General.

(2.) Petitioner is a member of the Indian Administrative Service belong to Manipur - Tripura joint cadre. He applied to the Government of India for deputation for a period of five years to the State of Kerala. Government of India after obtaining the concurrence of the State Governments of Manipur, Tripura and Kerala passed an order under R.6(1) of the Indian Administrative Service Cadre Rules, 1954 according approval of deputation of the petitioner from the I.A.S. (Joint) Cadre of Manipur - Tripura to the IAS Cadre of Kerala for a period of two years with effect from the date he joins the Government of Kerala. Petitioner reported for duty to the Government of Kerala on 22.9.1999. He was first appointed as Principal Secretary, Power, on 8.6.2000. Later as the Chairman of the Kerala State Electricity Board for a short period. According to the petitioner he had to leave the said office due to some difference of opinion between him and the Minister of Electricity. Later he was posted as Principal Secretary, Health and Family Welfare on 4.12.2000 where he held the post for a short period. Later he was transferred and posted as Principal Secretary, Registration Department on 20th January, 2001. According to the petitioner, he was transferred from K.S.E.B. on 3rd October, 2000 on the basis of a report appeared in "The New Indian Express" dated 20th September, 2000 for which an explanation was called for from him by the Chief Secretary. He submitted a detailed reply on 5th November, 2000. There was a further direction to submit a fresh explanation which he did on 22nd November, 2000. Later he was informed by letter dated 30.7.2001 that the Government had decided to drop the disciplinary proceedings. According to the petitioner, Government dropped the said proceedings because there was no basis in the allegations levelled against him.

(3.) Petitioner had earlier made a request to the State Government for extension of the period of deputation vide letter dated 13.6.2001. Government of Kerala however, vide letter dated 3.7.2001 expressed its inability to agree to the request made by the petitioner for extension of deputation. Petitioner pointed out that in the case of another I.A.S. Officer by name Shri. Babu Rajeev of Meghalaya Cadre State Government allowed deputation for a period of three years. Petitioner submitted he is also entitled to similar treatment. Further the petitioner submitted that Tripura Government vide its letter dated 6.8.2001 have already written to the Government of India recommending his request for deputation to the Government of Kerala.