ABDUL RAHUMAN SAIT Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Claiming himself to be a public interest litigant, Mr.M.Abdul Rahuman Sait, a practising lawyer has filed the instant writ petition, challenging the appointment of Dr.M.Rajaram, I.A.S. (Retd.), to the post of Non-Judicial Member to Tamil Nadu Lokayutta, for the reason that his appointment is in violation of the provisions of Article 319(d) of the Constitution of India and consequently, sought for a direction to appoint some other eligible and competent person for the said post.

(2.) The petitioner has submitted that the Secretary to the Government, State of Tamil Nadu, Personnel and Administrative Reforms Department, Chennai, 1st respondent, has issued G.O.Ms.No.28, Personnel and Administrative Reforms (N.Spl) Department, dated 1st April' 2019, appointing Dr.M.Rajaram, I.A.S. (Retd.), the 2nd respondent herein, as a Non Judicial Member for Tamil Nadu Lokayukta. According to the petitioner, the 2nd respondent has served the Government of Tamilnadu for decades, as an accredited IAS officer. After his retirement, he was appointed as a member of Tamilnadu Public Service Commission, along with 10 other persons on December 22, 2016. However, such appointments were challenged before this Court in W.P.Nos.4113, 4161 and 4584 of 2016. This Court quashed the appointment of the members of Tamil Nadu Public Service Commission and lateron, the said decision was upheld by the Hon'ble Apex Court. However, the 2nd respondent was again appointed as a member of the TNPSC on 20.04.2017 and he retired on 26.02.2018, on attaining the age of 62 years.

(3.) In support of the prayer sought for, the petitioner has placed reliance on the provisions, viz., Section 39 of the Tamil Nadu Lokayukta Act, 2018 and Rule 16(2) of the Tamil Nadu Lokayukta Rules, 2018. He has also placed strong reliance on Article 319(d) of the Constitution of India, which states that a member other than the chairman of a state public service commission shall be eligible for appointment as the Chairman or any other member of the Union Public service commission, but not for any other employment either under the government of India or under the Government of a State. He submitted that if the said Article is applied to the appointment of the 2nd respondent, a Non Judicial member of the Tamilnadu Lok Ayukta, then the appointment of the 2nd respondent as a member would make him as a public servant and therefore, his appointment is in contravention to the principles laid down under Article 319(d) of the Constitution of India. Therefore, the instant writ petition has been filed on the following grounds,