SHAMSUDEEN A. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, while working as Junior Clerk at the Taluk office, Ponnani under the Land Revenue Department, was appointed on deputation, as Secretary, District Tourism Promotion Council (DTPC), Pathanamthitta. For the purpose of such appointment, the Government had issued Annexure-A2 order prescribing the education qualification, mode of appointment and method of selection. The prescribed mode of appointment under Annexure-A2 was by way of deputation from among Gazetted or non-Gazetted officers in Government service, possessing the required qualification and experience or by way of contract appointment. The method of selection prescribed was written test and interview. Being a non-Gazetted officer in Government service with the required qualification and experience, the petitioner submitted his application pursuant to Annexure-A2 order and was appointed as per Annexure-A4, based on his performance in the written test and interview. While the petitioner was continuing in the post of Secretary, DTPC, on deputation, the Government issued Annexure-A1 order dated 31.8.2018 relieving the petitioner from his post and repatriating him to the parent department. Thereupon, the petitioner approached the Kerala Administrative Tribunal challenging Annexure-A1 order.

(2.) The challenge against Annexure-A1 order was primarily on the ground that the order is vitiated for non-observance of the principles of natural justice and that the impugned order casts a stigma on the petitioner. It was contended that the District Collector, Pathanamthitta, who was the Chairperson of the DTPC had personnel enmity towards the petitioner, which had caused her to send a report to the Chief Secretary, raising baseless allegations against the petitioner. This had resulted in an enquiry being conducted against the petitioner, which was the real reason behind cancellation of the petitioner's deputation.

(3.) On behalf of the respondents, a reply statement was filed before the Tribunal, refuting the allegations in the Original Application and stating that, pursuant to a report of the District Collector and Chairman, DTPC, Pathanamthitta, the Director, Department of Tourism had submitted that the petitioner had brought disrepute to the Tourism Department by his actions and had recommended to place the petitioner under suspension or to send him back to the parent department. Thereupon, a preliminary enquiry was conducted into the allegations against the petitioner and a report was submitted before the competent authority, wherein certain procedural errors and supervisory lapses on the part of the petitioner was pointed out. It was also stated that the normal period of deputation is one year, which in the case of the petitioner expired on 5.7.2018 and that given the laches and misconduct on the part of the petitioner the Government had decided not to extend the period of deputation and to repatriate the petitioner to his parent department. It was contended that an employee has no legally enforcible right to continue on deputation.