The Hindu : Tamil Nadu News : "Order on Sivanandi's seniority lacks authority"

Online edition of India's National Newspaper
Wednesday, May 31, 2006

Tamil Nadu

Tamil Nadu

"Order on Sivanandi's seniority lacks authority"

Special Correspondent

He was downgraded from DIG to Superintendent of Police on May 15

CHENNAI: The State Government order modifying the seniority of P. Sivanandi, who was downgraded from Deputy Inspector-General of Police to SP on May 15, is "without appropriate authority under the rules," the Centre has said.

In a letter to the Chief Secretary of Tamil Nadu and the Union Public Service Commission (UPSC), O.S. Ashok, Under Secretary, Ministry of Home Affairs, has stated that primarily it is the concern of the UPSC to decide on the approval of the Select List or Review Select List.

"Only thereafter the Central Government effects appointments of those officers whose names are unconditionally included in such lists. After the Centre has effected the appointment and seniority of such officers, the State Government has the liberty to effect their postings, transfers accordingly."

N.R. Chandran and Vijay Narayan, senior counsel for Mr. Sivanandi, placed the letter before a vacation Bench, comprising Justice S.K. Krishnan and Justice R. Sudhakar. It is hearing a writ petition from the official challenging the May 5 order of the Central Administrative Tribunal (CAT) quashing his Select List for IPS, and the consequential order of the State Government demoting him as SP.

By way of an interim direction, the Bench then said the State Government should not order Mr. Sivanandi to join duty as per its May 15 order. "Recording the undertaking of the Advocate-General, the writ petitioner should not be ordered to join duty as per the May 15 order. In view of the new developments, the respondents are directed to file a counter-affidavit."

Adjourned

It then adjourned the matter to June 17 for further proceedings.

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