Kerala - Kochi   

High Court directs CAT to pass final orders soon

Kochi: A Division Bench of the Kerala High Court on Monday directed the Central Administrative Tribunal (CAT), Ernakulam Bench, to hold the final hearing on an application filed by Inspector-General of Police Tomin J. Thachankary against his suspension on May 28 and pass the final orders at the earliest.

The Bench of Justice Thottathil B. Radhakrishnan and Justice S.S. Satheesachandran ordered that the undertaking given by counsel for Mr. Thachankary that the police officer would not insist on his reinstatement as directed in the impugned CAT order nor would he file a contempt of court petition for not complying with the directions in the order would remain in force until the tribunal passed the final orders.

The Bench issued the directions while disposing of a writ petition filed by the State government against an interim order of CAT staying the suspension order and directing the government to reinstate him in service forthwith.

Government's stance

L. Nageswara Rao, Supreme Court lawyer appointed by the government for arguing the case, contended that CAT had passed the order without giving the government an opportunity to place relevant material before it. The findings of CAT were in the nature of a final order.

In its petition, the government said the officer was suspended from service in accordance with “the guiding principles for suspension” and on charges of violating the government rules regarding employees leaving abroad for private purposes and rule 3(1) of the All Indian Services (Conduct) Rules. The government alleged that Mr. Thachankary had made a ‘false representation' to the leave sanctioning authority stating that he was availing himself of leave travel concession (LTC) for going to Gangtok, Sikkim. Instead, he visited Gulf countries. Mr. Thachankary had been warned earlier against dereliction of duty.

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