CAT declines to stay Centre's directive

By A. Subramani

CHENNAI, AUG. 7. The Chennai Bench of the Central Administrative Tribunal (CAT) today declined to stay the operation of a request from the Centre to the State Government, seeking the services of three senior IPS officers on Central deputation.

However, the Bench comprising Mr. Justice S.S. Subramani and Mr. Manickavasagam ordered notices to the Central and State Governments, besides the Union Ministers, Messrs. Murasoli Maran and T.R. Baalu, returnable by August 27.

The petitioners - Mr. K. Muthukaruppan, Commissioner of Police, Mr. S. George, Joint Commissioner of Police (Central), and Mr. Christopher Nelson, Deputy Commissioner of Police (Triplicane) - had challenged the Union Government's request issued in the last week of July and sought an interim stay.

Their services had been requisitioned by the Union Government for appointment in the Cabinet Secretariat in New Delhi.

Today, their counsel, Mr. P.P. Rao, pointed out that since Mr. Muthukaruppan had refused to join the CRPF on Central deputation in 1997, his name was in the list of officers debarred from any deputation upto September 25, 2002. ``Therefore, his transfer is vitiated by malafide intention,'' he added.

For any deputation, there has to be the consent of all three parties concerned, the Central and State Governments besides the officer himself. Noting that deputation should arise only in public interest, he said the impugned order amounted to abuse of power by the Centre.

Claiming that all the three officers were not present in the Oliver Road residence of Mr. Karunanidhi when he was arrested on June 30, he accused the two Union Ministers of being obsessed with vengeance.

Dubbing the proceedings in the CAT as a premature exercise, the Additional Solicitor-General, Mr. V.T. Gopal, said the officers were yet to be individually intimated of the transfer, and as of now the communication was strictly between the two Governments.

These petitioners wanted to tie the hands of the Central Government by stating that the matter was pending in the Tribunal. Theirs was an anticipatory application seeking anticipatory relief, he said. ``The State Government has virtually stayed the transfer orders by expressing its inability to spare these officers for Central deputation,'' Mr. Gopal said.

The Additional Solicitor-General also wondered as to how the officials managed to obtain a copy of the Central notification to the State Government. When the petitioners' counsel replied that they got it from the Director-General of Police, Mr. Gopal said it meant that the officials had an obliging State Government behind them.

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Section  : Southern States
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