Central Administrative Tribunal - Ernakulam
Dr Sajith Sukumaran vs The Secretary Science And Technology ... on 18 September, 2020
1
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00430/2020
Friday, this the 18th day of September, 2020
CO RAM :
HON'BLE Mr.P.MADHAVAN, JUDICIAL MEMBER
HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER
Dr.Sajith Sukumaran, aged 47 years
S/o.Sukumaran N, Additional Professor,
Department of Neurology,
Sree Chitra Tirunal Institute for
Medical Sciences and Technology
Thiruvananthapuram - 695 001
residing at T.C No.5/2712(3), CRA A64(C), Thejus
Sreekaryam P.O, Thiruvananthapuram - 695 017,
Ph: 9947488294 ...... Applicant
(By Advocate - M/s.Elvin Peter & Associates)
versus
1. Union of India - represented by its Secretary
Ministry of Science and Technology
Department of Science and Technology
Technology Bhavan, New Mehrauli Road
New Delhi 110 016
2. Sree Chitra Tirunal Institute for Medical Sciences
and Technology, Thiruvananthapuram - 695 001
represented by its Director
3. The President, Sree Chitra Tirunal Institute for Medical Sciences
and Technology, Thiruvananthapuram - 695 001
4. Dr.Asha Kishore, Director
2
Sree Chitra Tirunal Institute for Medical Sciences and
Technology,
Thiruvananthapuram - 695 001 .... Respondents
(By Advocates - Mr.N.Anilkumar,SCGSC for R1 and
Mr.M.R.Hariraj for R 2 and 3)
This application having been heard through video conference on 18 th
September, 2020, this Tribunal on the same day delivered the following order on
interim relief:
ORDER (Interim relief)
HON'BLE Mr. P. MADHAVAN, JUDICIAL MEMBER Heard. OA is admitted.
2. The applicant before us is an Additional Professor working in the Sree Chitra Thirunal Institute for Medical Sciences & Technology, Trivandrum. The applicant is eligible for Flexible Complementary Promotion (in short FCP). It is contended that respondents Nos. 3 and 4 are going to convene a FCP meeting on 19.9.2020 and 20.9.2020 in a hurried manner. The applicant had challenged the appointment of respondent No. 4 Dr. Asha Kishore as Director of the Institute by filing OA No. 180/291/2020. This case is coming up for hearing on 23.9.2020 as per the directions of the Hon'ble High Court of Kerala in OP (CAT) No. 141 of 2020. The applicant has prayed for interim relief as follows:
"Pending disposal of the Original Application, it is humbly prayed that this Hon'ble Tribunal may be plased to stay the convening of the FCP with the 4th respodnent as the Chairman, scheduled on 19.9.2020 and 20.9.2020 or 3 on any date thereafter."
3. During course of hearing for prayer for interim relief, the counsel for applicant, Advocate Mr. Elvin Peter P.J. contended that the 4 th respondent is biased against the applicant due to the filing of OA No. 180/291/2020 challenging her appointment for a further period of 5 years. The applicant had earlier filed OA No. 180/1021/2018 for expunging the adverse remarks against him in his APAR by Dr. Asha Kishore. This Tribunal has ordered to expunge the remarks made which were not communicated to him by order dated 5.8.2019. According to the applicant, this time also, Dr. Asha Kishore (respondent No. 4) has reduced his overall grading from 8.9 to 7.8 with a view to deny promotion (Annexure A16). So, according to him, if respondent No. 4 is permitted to convene the FCP, it will seriously prejudice him. Further, according to him, as the very appointment of respondent No. 4 is under challenge, convening of the FCP hurriedly before a decision is taken by this Tribunal is with malafide intentions.
4. Advoate Mr. Elvin Peter P.J. On behalf of the applicant therefore, prays for an interim stay of the FCP going to be conducted on 19th and 20th September, 2020.
5. The respondent No. 1, represented by Advocate N. Anilkumar, SCGSC, contended that they had issued directions to the President of the Institute on 4 28.7.2020 (Annexure A7) to withdraw the order of appointment of Dr. Asha Kishore (respondent No. 4) as Director of the Institute. However, respondent No. 3 has not yet complied with that order. The Hon'ble High Court of Kerala in OP (CAT) No. 141 of 2020 has ordered that her appointment as per Annexure A15 (order of appointment of respondent No. 4) will be subject to any decision being taken by the Central Government in that regard (Annexure A9 dated 13.8.2020). On the basis of the Hon'ble High Court order, the respondent No. 1, had directed the President of the Institute (respondent No. 3) to withdraw the order of extension as per Annexure A10 dated 18.8.2020. According to respondent No. 1, the 4th respondent's appointment is illegal. So, a finding in OA No. 180/291/2020 on merit is absolutely necessary.
6. Respondents Nos. 2 & 3 represented by Advocate Mr. M.R. Hariraj, contend that there is nothing illegal in convening the FCP. According to him, staying the FCP will effect promotion of other employees as well.
7. We have heard the counsels appearing on both sides. The applicant apprehends bias on the part of respondent No. 4 Dr. Asha Kishore who is the Director and ex- officio Chairman of the Standing Academic Committee. The applicant had filed an earlier OA No. 180/1021/2018 for expunging adverse remarks made against him in the APAR and this Tribunal had allowed the said OA and ordered for expunging the remarks on 5.8.2019. We also note that the 4 th respondent had reduced the grading of 5 the applicant in Annexure A16 APAR as reviewing authority. The applicant has also challenged the appointment of Dr. Asha Kishore as Director in OA No. 180/291/2020 which is coming up for hearing on 23.9.2020 as per direction of the Hon'ble High Court. Therefore, we feel it not appropriate for respondent No. 4 to take important policy decisions relating to promotion at this stage before the disposal of OA No. 180/291/2020 by this Tribunal. We find that the applicant has made out a prima facie case in his favour. The balance of convenience is also in his favour. As the respondents had not filed their written objections, it will be premature to go into the merits of the case at this juncture.
8. Hence, in the interest of justice, we hereby direct respondents Nos. 1 to 4 not to conduct FCP till a reply is filed in this case.
9. Post the matter for reply on 23.9.2020.
10. Issue copy of this order to counsel appearing for the parties.
(K.V.EAPEN) (P.MADHAVAN) ADMINISTRATIVE MEMBER JUDICIAL MEMBER "SA" 6 List of Annexures Annexure A1 - True copy of the order No.Per.& GL.Admn/SCTIMST/2015 dated 13.7.2015 issued by the 3rd respondent Annexure A2 - True copy of the order No.28/13/2006-EO (SM.II) dated 03.07.2006 issued by the 1st respondent Annexure A3 - True copy of the order No.AB.14017/11/2004-Estt.(RR) dated 30.07.2007 of the 1st respondent Annexure A4 - True copy of the order D.O No.A1/1/19/SCTIMST/2014 dated 26.12.2019 issued by the 1st respondent Annexure A4(a) - True copy of the order D.O No.A1/1/19/SCTIMST/2014/Part dated 22.4.2020 Annexure A5 - True copy of the order No.P&A/I/X/33/SCTIMST/2020 dated 02.06.20020 issued by the 3rd respondent Annexure A6 - True copy of the order No.A1/1/19/SCTIMST/2014 dated 16.7.2020 issued by the 1st respondent Annexure A7 - True copy of the order D.O No.A1/1/19/SCTIMST/2014 dated 28.7.2020 issued by the 1st respondent Annexure A8 - True copy of the interim order dated 05.08.2020 issued by this Tribunal in O.A No.180/0291/2020 Annexure A9 - True copy of the judgment dated 13.8.2020 in O.P (CAT) No.141/2020 of the Hon'ble High Court of Kerala Annexure A10 - True copy of the Order D.O No.A1/12/SCT/2020 dated 18.8.2020 issued by the 1st respondent Annexure A11 - True copy of the relevant extract of the Guidelines issued by the Institute for FCP Annexure A12 - True copy of the Notification No.DIR-III(6)/5/2008 dated 5.7.2008 7 Annexure A13 - True copy of the Annual Confidential Report of the
applicant prepared by the Head of Department and forwarded to the 4th respondent Annexure A14 - True copy of the order dated 5.8.2019 in O.A No.180/01020/2018 of this Tribunal Annexure A15 - True copy of the Annual Performance Appraisal Report (APAR) of the applicant submitted by the Committee for the year 2018 Annexure A16 - True copy of the Annual Performance Appraisal Report (APAR) of the applicant for the year 2019.
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