Central Administrative Tribunal - Ernakulam
Dr Raju Narayana Swamy Ias vs The Secretary Department Of Personnel ... on 18 March, 2019
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/01025/2018
Monday, this the 18th day of March, 2019
Hon'ble Mr.E.K.Bharat Bhushan, Administrative Member
Hon'ble Mr.Ashish Kalia, Judicial Member
Dr.Raju Narayana Swamy IAS,
Chairman, Coconut Development Board
Kera Bhavan, SRVHS Road
Ernakulam South, Kochi - 682 011 ..... Applicant
(By Advocate Mr.C.Unnikrishnan)
Versus
1. Union of India, represented by Secretary
Department of Personnel & Training, New Delhi-110 001
2. The Secretary, Department of Agriculture
Cooperation and Farmers Welfare,
Ministry of Agriculture & Farmers Welfare,
New Delhi - 110 001
3. Mr.Dinesh Kumar, Joint Secretary
Mission for Integrated Development of Horticulture (MIDH)
Department of Agriculture, Cooperation and Farmers Welfare
Ministry of Agriculture & Farmers Welfare
New Delhi - 110 001
4. Mr.B.N.S.Murthy, Horticulture Commissioner
Department of Agriculture, Cooperation and Farmers Welfare
Ministry of Agriculture & Farmers Welfare
New Delhi - 110 001
5. Mr.Hemachandra, Formerly Director
Regional Office, Coconut Development Board
Bangalore (Permanent Residential Address: No363, 4 th Main,
2nd Cross, First Stage, Vijayanagar, Mysore-570 017
6. Coconut Development Board, represented by
Secretary, Kera Bhavan
S.R.V.H.S Road, Ernakulam South
Kochi - 682 011 ..... Respondents
(By Advocate - Mr.T.C.Krishna,Sr.PCGC for R 1-4, Mr.P.Vijayakumar
for R6 and Mr.Siby J Monippally for R5)
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This Original Application having been heard on 8.3.2019, the Tribunal
on 18.03.2019 delivered the following:
ORDER
Per: Mr.Ashish Kalia, Judicial Member Original Application No.180/01025/2018 is filed by Dr.Raju Narayana Swamy, an IAS Officer of Kerala Cadre for the following reliefs:
" i) Declare that a premature shift/repatriation/transfer from the present post being initiated against the applicant is illegal, arbitrary and bad in law.
ii) Declare that in view of Annexure A1, the applicant is entitled to continue in the post of Chairman, Coconut Development Board at least upto 7.8.2019 and direct the respondents 1&2 to allow the applicant to continue till the end of minimum tenure.
iii) Direct the 2nd respondent to consider the Annexures A2 and A3 filed by the applicant in accordance with law and after hearing him and pass appropriate orders thereon within a time frame that this Hon'ble Tribunal may deem it appropriate.
iv) To issue such other reliefs that the Hon'ble Tribunal may deem fit. "
2. The applicant submits that he had joined as Chairman of the Coconut Development Board, Kochi as per order dated 17.7.2018, a copy of which is available at Annexure A-1. He submits in the Original Application, that there is a move to cut short his tenure. He has annexed copies of representations he has filed before the Secretary, Ministry of Agriculture and Farmers Welfare, respondent no.2, mentioning some harassment he has been suffering due to ill will on the part of respondents nos.3 and 4 who are Joint Secretary in the Ministry of Agriculture and Horticulture .3.
Commissioner in the Department of Agriculture respectively. In the same complaint he cites respondent no.5 as ill-disposed to him on account of the applicant suspending him from service. He mentions certain steps he has taken as Chairman to initiate a C.B.I Inquiry into alleged misuse of the Board's fund (Annexure A-4) and a letter by Shri.D.V.Sadananda Gowda, Central Minister, forwarding a copy of a communication from Karnataka State Coconut Farmers Producer Companies Consortium (Annexure A-5) stating that respondent no.5 is blameless. It may be seen that Annexure A-5 communication is addressed to the applicant himself by the Cabinet Minister requesting that he may " Kindly look into the matter and do the needful ".
3 He seeks an interim relief which is same as the ultimate relief seeking a direction to respondent nos.1 and 2 to allow the applicant to continue in his present post.
4. The Original Application was heard for the first time on 19.12.2018. Shri.C.Unnikrishnan, Advocate appeared on behalf of applicant and Shri.T.C.Krishna,Sr.PCGC took notice on behalf of respondent nos.1&2. Notices were ordered against respondent nos.3,4 & 5.
5. On 27.2.2019, Shri.M.R.Rajendran Nair, learned Senior Counsel addressed us on M.A 212/2019 seeking a direction not to revert the applicant to his parent cadre or to shift him from his present post. He argued that the applicant ought to be allowed to complete his one year term and .4.
should be considered for a full 5 year term, as is normal for officers of his level. He mentions that because of his strict conduct, he has earned hostility from several quarters. Shri.T.C.Krishna, Sr.PCGC who was directed to file either a full reply or a counsel statement within a week positively countered this by stating that he is yet to get instructions about any move to transfer the applicant. He further submitted that as per his appointment order itself, the applicant has been posted for a one year term or "until further orders, whichever is earlier". If indeed any transfer is effected, it would be only with adequate justification and no officer can move a Court in anticipation of a transfer, the learned counsel submitted.
6. When the matter was called on 8.3.2019, Shri.M.R.Rajendran Nair,Sr.Advocate submitted that the applicant has been relieved from the post of Chairman, Coconut Development Board with effect from 7.3.2019 and another officer has assumed charge of the post. M.A 265/2019 seeking a stay of the orders which were annexed was also filed on the day. The annexed document is a communication from the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training stating that the Appointments Committee of the Cabinet (ACC) has approved the premature repatriation of the applicant and his reversion to his parent cadre i.e, Government of Kerala with immediate effect. Shri.M.R.Rajendran Nair,Sr. Advocate submitted that the respondents have behaved unethically in transferring the applicant when his Application against the anticipated transfer was pending before this Tribunal. This amounts to contempt of Court, he alleged.
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7. Shri.T.C.Krishna,Sr.PCGC had filed a counsel statement replying to the allegations raised in the Original Application. These are matters of detail which we do not wish to go into at this stage in view of the orders of the Government of India dated 7.3.2019.
8. When the matter was considered at the first instance, this Tribunal did not interfere and issue any interim direction for the reason that there was no specific order which had been assailed in the O.A and this Tribunal cannot be expected to take a decision on the basis of conjectures. Again, as no orders were issued, the respondents cannot be said to have violated any direction of this Tribunal.
9. Learned Senior Advocate representing the applicant had informed this Tribunal that no evidence of malafide on the part of the respondents had been submitted before this Tribunal and he would do so in the subsequent hearings. Now we see that the applicant has been removed from his post by the order of the Appointments Committee of the Cabinet headed by the Hon'ble Prime Minister. Thus, we see that the Original Application has become infructuous and the same is dismissed as infructuous. However, the applicant will be at liberty to approach this Tribunal if he so chooses, since there is a different cause of action at present. M.A Nos.180/00212/2019 and 180/00265/2019 are also closed. No costs.
(ASHISH KALIA) (E.K BHARAT BHUSHAN)
JUDICIAL MEMBER ADMINISTRATIVE MEMBER
sv
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List of Annexures
Annexure A1 - A true copy of the Communication No.F4-
22/2015-MIDH(CDB) dated 17.7.2018 issued by the Ministry of Agriculture, Co-operation and Farmers Welfare, Government of India addressed to the Additional Secretary, General Administration Department, Govt. of Kerala.
Annexure A2 - A true copy of the email dated 9.12.2018 to the Secretary, Ministry of Agriculture, Co-operation and Farmers Welfare, New Delhi Annexure A3 - A true copy of the representation submitted before the Secretary, Department of Agriculture, Co-operation and Farmers Welfare, New Delhi Annexure A4 - Copy of the relevant pages of minutes of the 135 th Board Meeting held on 30.1.2019.
Annexure A5 - Copy of the letter dated 27 th .12.2018 received by the applicant from Shri.D.V Sadanada Gowda, Union Minister for Statistics and Programme Implementation and Chemicals and Fertilizers forwarding the representation of Karnataka State Coconut Farmers Producer Companies Consortium Annexure A6 - True copy of the Order F.No.4-22/2015- MIDH(CDB) dated 7.3.2019 issued by the 2 nd respondent along with its email covering letter and DoP&T communication dated 7.3.2019 Annexure R1A - True copy of letter No.4-45/2018-MIDH(CDB) dated 14.11.2018 Annexure R1B - True copy of the letter No.4-45/2018-MIDH(CDB) dated 18.12.2018 Annexure R1C - True copy of the Statement dated 4/1/2019 of the th 4 respondent to Secretary (DAC&FW) Annexure R1D - True copy of the Office Memorandum dated 3.12.2018 constituting committee to visit Gaza cyclone affected areas Annexure R1E - True copy of email dated 3/12/2018 sent by Chief Coconut Development Officer (CCDO) of CDB to JS (MIDH) Annexure R1F - True copy of e-mail dated 3/12/2018 sent by JS(MIDH) Annexure R1G(Series) True copies of the complaints received against the applicant .7.
Annexure R1H - True copy of the decision of the Appointments Committee of the Cabinet dated 7/3/2019 Anneuxre R1 I - True copy of the order dated 7/3/2019 relieving the applicant from the post of Chairman, Coconut Development Board Annexure R1 J - True copy of Certificate of Assumption of Charge of Smt.Usha Rani IAS dated 7/3/2019 as Chairman, Coconut Development Board ....