Tuesday, May 10, 2011

Subhash Kumar promotion as Uttarakhand Chief Secy quashed by CAT

New Delhi/Dehra Dun, May 10 (PTI) Promotion of Subhash Kumar as Uttarkhand Chief Secretary, along with two other top bureaucrats of state cadre, has been quashed by the Central Adminisrative Tribunal and the state government has been directed to make fresh selections within two months.The principle bench of CAT at New Delhi quashed the promotions of top officials in the Chief Secretary scale on the ground that the state government promoted them in this rank against only one vacancy."The State Cadre has to seek prior approval of the Central Government on the number of available vacancies in each grade. The rule is absolutely unambiguous. The State Government cannot make any permanent addition to the cadre strength," the priciple bench of CAT headed by Justice V K Bali, held. "On the basis of the above consideration, challenged orders for appointment and all the consequential promotions made by the state Government are quashed and set aside, including that of the applicant," the bench said. He directed the state government to make fresh selections within two months. The bench said till fresh appointments are made the present arrangement will continue. The administrative tribunal was hearing a petition filed by Ajay Kumar Joshi, Director General, Uttarakhand Administrative Academy, Nainital. Joshi contended that "in a fair selection, he (Joshi) would have been the only person to be promoted, because there was only one vacancy in the grade of Chief Secretary as on September 3, 2008. The State Government had created two ex-cadre posts in violation of the rules. Uttarakhand has only two posts in the scale of Chief Secretary of which one only one was vacant at the relavent time. When the state government promoted the three officials-- Subhash Kumar, Joshi and S K Mattoo, all IAS of 1977 batch -- to the scale of Chief Secretary in May 2010, N S Napalchyal was already holding the post of Chief Secretary at the time of the promotions. When Napalchyal retired in September last year, the government appointed Kumar as the new Chief Secretary of the state. While Joshi was made Director General of Administrative Training Institute at Nainital, S K Mattoo was appointed as Chief Resident Commissioner of the state. Joshi challenged this decision and contended that "Even if the consideration was for two vacancies, as approved by the Central Government, Subhash Kumar, who was appointed Chief Secretary, would not have been selected and he (Joshi) and Sunil Kumar Muttoo (currently the Additional Chief Secretary & Social Welfare Commissioner, Uttarakhand) would have made it to the apex grade." When contacted, Kumar said the judgement is being examined and it will be challenged in the High Court. Kumar said recently an IPS of Uttarakhand had moved the CAT at New Delhi and he was told to file the writ before Allahabad bench of the tribunal on the ground that Uttarakhand does not come under its jurisdiction. "Now the CAT at New Delhi has passed an order in the case. How a court can adopt different approach in similar cases. We will challenge this in High Court," Kumar said. PTI

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