CAT sets aside deputation of B. Ashok as Self-government Reforms Commission chairperson
The Central Administrative Tribunal (CAT), Ernakulam Bench, has set aside the Kerala government order appointing B. Ashok, Principal Secretary, Agriculture department, and Agricultural Production Commissioner as chairperson of the Local Self-government Reforms Commission on deputation.
The Bench passed the order on a petition filed by Mr. Ashok challenging the appointment. The IAS officer contended that his deputation as the commission chairperson was without his consent and in violation of various statutory rules and guidelines. He pointed out that the State government was not empowered to issue an order deputing him as the commission chairperson under Rule 6(2)(i) of the All India Service (Cadre) Rules 1954.
The tribunal observed that the power of deputation of an IAS officer under rule 6(2)(i) can be exercised only by the Union government with the consent of the applicant. Since the power was purportedly exercised under rule 6(2)(i) by the State government, the government order is legally not sustainable. Besides, the government order was not in accordance with Rule 12(1) of the Indian Administrative Service (Pay) Rules.
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