‘Centre can interfere in disciplinary action by state against IAS/IFS officer’
CHANDIGARH: The Centre can interfere in cases of disciplinary proceedings by a state against an all- India service (AIS) officer such as IAS, IPS and IFS, the government told the Punjab and Haryana high court on Wednesday.
If an officer is facing “undue hardship” at the hands of a state, the Centre has powers to even relax rules in such cases under the All India Services Act, 1951, provided the government is satisfied that its action would be “just”, the central government said in an affidavit.
The Centre’s stand came in response to a petition filed by the Haryana government challenging presidential pardon to whistleblower and Magsaysay awardee, Sanjeev Chaturvedi, an Indian Forest Service officer.
“It is a significant development. It means that an honest officer being hounded by the state government can always fall back on (the) Centre, who is the principal employer of the officer. Also for officers, it gives them a free hand in their working in their postings under state governments,” Chaturvedi’s lawyer, Sudarshan Goyal, said.
While working in Haryana, Chaturvedi is believed to have exposed scams in the state forest department including illegal use of public funds on a herbal park in a Fatehabad village, fake plantations in Jhajjar and illegal felling of trees for a canal in Bhiwani.
However, he was suspended by the state government in August 2007 for “misconduct”.
Alleging that he was victimised for exposing scams involving politicians and state officers, Chaturvedi approached the Centre in 2010.
On his plea, the ministry of environment and forests instituted a probe, which exonerated him but indicted some Haryana government officials in the scam.
In January, 2011, the President quashed the Haryana government’s chargesheet against Chaturvedi, who is now on central government deputation.
However, the state government challenged the President’s decision arguing that the Centre was interfering in the controversy involving an officer working under it.
The Centre told the court that the services of AIS officers are governed by the All India Services Act, 1951, irrespective of place of their posting.
The President is the appellate authority in respect of these officers and only the President/centre, have the powers of dismissal, removal and compulsory retirement of these officers, the Centre told the court adding that the state government has powers only to initiate disciplinary proceedings, suspend and institute departmental proceedings. But the officer can appeal against such an exercise before the central government or the President, the Centre added.
Haryana had argued that its officials were indicted by the Centre’s probe without giving them any opportunity of hearing.
Meanwhile, the HC deferred hearing on another plea filed in the same dispute by Uttar Pradesh cadre IPS officer, Amitabh Thakur, who has requested the court to include him as a party stating that the issue had a vital implication for AIS officers. Thakur is posted as IGP, Lucknow.
CENTRE’S STAND CAME IN RESPONSE TO A PETITION CHALLENGING PRESIDENTIAL PARDON TO WHISTLEBLOWER SANJEEV CHATURVEDI
CHENNAI: Shankaracharya Jayendra Saraswathi, the 69th pontiff of the Kanchi Kamakoti Peetham, died on Wednesday following a cardiac arrest at a private hospital in Tamil Nadu’s Kanchipuram, sources said. He was 82.
The Kanchi Shankaracharya was admitted to the hospital after he complained of breathing problems at 7.45am and could not be revived, hospital sources added.
He had been in and out of hospitals over the past few months and suffering from low sugar levels. He also kept away from religious activities at the Shaivite mutt for the past few days.
Born in July 1935, the pontiff was made the head of the peetham by his predecessor Chandrasekarendra Saraswathi in March 1954.
Known for his modern outlook, the Kanchi seer was also among the first religious pontiffs to speak about the construction of Ram Temple in Uttar Pradesh’s Ayodhya, saying it would lead to communal harmony.
The Shankaracharya was arrested in 2004 for his alleged role in the murder of a manager of the temple trust.
He was acquitted by a trial court citing lack of evidence in 2013.
“Sad to hear of the passing of Jayendra Saraswatiji, the Shankaracharya of Kanchi Kamakoti Peetam. Our country has lost a spiritual leader and social reformer of rare eminence, My condolences...” president Kovind said on Twitter.
PM Modi said “Jagadguru Pujyashri Jayendra Saraswathi Shankaracharya was at the forefront of innumerable community service initiatives. He nurtured institutions which transformed the lives of the poor and downtrodden.”