Telangana HC subdues order on Chief Secy’s staff, Union govt asks him to visit AP
The Telangana High Court on Tuesday subdued the order of Central Administrative Tribunal (CAT), Hyderabad Bench, remaining the allocation of elderly IAS police officer Somesh Kumar to Andhra Pradesh staff. A bench of Chief Justice Ujjal Bhuyan as well as Justice Surepalli Nanda, which had earlier booked its judgment in July 2022 after the Union government tested the CAT order permitting Chief Secretary Somesh Kumar to proceed in Telangana, on Tuesday alloted as well as subdued the tribunal’s order. “Upon thorough consideration of all aspects of the matter, we have no hesitation in holding that CAT had grossly erred in interfering with the allocation of the first respondent (Somesh Kumar) to the State of Andhra Pradesh. Consequently, judgment and order dated March 29, 2016, passed by CAT, being clearly unsustainable in law and on facts, is hereby set aside and quashed,” the bench claimed in its order. Somesh Kumar’s advice wished maintaining the judgment in abeyance for a duration of 3 weeks to allow his customer to make use of his solution. However, the court claimed it was not inclined to remain the exact same.
Somesh Kumar was selected Chief Secretary on January 1, 2020, as well as his period will certainly upright December 31, 2023. The High Court bench in the order kept in mind:”We are of the unhesitant opinion that CAT fell in error in interfering with the allocation list and setting aside the same qua the allocation of the first respondent to the State of Andhra Pradesh. The order of CAT to that effect is legally and factually untenable” “That apart, the further direction of CAT to treat the first respondent as an All India Service officer of the State of Telangana with all consequential benefits is wholly without jurisdiction. Such a direction could not have been issued by CAT, the cadre controlling authority being the Central Government. It is evident that CAT had examined the challenge to the allocation order made by the first respondent like an appellate authority substituting its views for that of the Central Government which is not permissible in law,” it claimed.
After the court judgment, the DoPT interaction specified: “In compliance with the aforesaid judgment the officer concerned (Shri Somesh Kumar IAS AP:89) stands relieved from the State Government of Telangana, with immediate effect. He is directed to join the State Government of Andhra Pradesh latest by January 12, 2023.”
The Andhra Pradesh Reorganisation Act, 2014 requires the department as well as re-allocation of employees offering in the quondam compound State of Andhra Pradesh consisting of those coming from the All India Services to both follower states of Telangana as well asAndhra Pradesh After the bifurcation of concentrated Andhra Pradesh right into different states of Andhra Pradesh as well as Telangana in 2014, the Union government had actually re-allotted IAS as well as IPS policemans.
The Union government made up a consultatory board under the chairmanship of S Pratyush Sinha as well as the consultatory board advised standards as well as concepts to be taken on for allotment of All India Service policemans born upon the staff of concentrated Andhra Pradesh to the states of Telangana as well asAndhra Pradesh On the basis of such suggestions, the Union government provided standards dated May 30, 2014, for the allotment of All India Services policemans born upon the concentrated staff of Andhra Pradesh in between the follower states of Telangana as well asAndhra Pradesh
Simultaneously, a provisionary listing was prepared to make allotment of the All India Services policemans born upon the staff of the concentrated State of Andhra Pradesh to the follower states. Somesh Kumar, an IAS police officer of the 1989 set, was set aside to Andhra Pradesh, though he had actually chosenTelangana Initially, he made 2 depictions to the consultatory board asking for an adjustment of allotment from Andhra Pradesh cadre to Telangana staff. Somesh Kumar after that tested the exact same in CAT, which had actually subdued the allocation order as well as enabled him to proceed inTelangana
The Union of India via the Secretary to the Ministry of Personnel, Public Grievances as well as Pension in the Department of Personnel as well as Training submitted a request in the High Court attacking the validity as well as legitimacy of the judgment as well as order dated March 29, 2016, gone by the CAT. The after that Additional Solicitor General had actually sent that CAT had actually erred on truths in addition to on legislation in reserving the allotment of Somesh Kumar toAndhra Pradesh “CAT had issued directions to treat the first respondent as an All India Service officer of Telangana state with all consequential benefits. Such a direction is completely untenable,” the ASG had actually more sent. READ: As election year begins, BJP arranges for a Modi vs KCR fight in Telangana