In reply to tribunal, Centre stands by Prathibha’s removal as CBFC Regional Officer

Prathibha was axed following alleged denial of certification for a Malayalam documentary.

KOCHI:Justifying the removal of A Prathibha from the post of the Regional Officer (RO) of the Central Board of Film Certification (CBFC), Thiruvananthapuram, the Centre submitted before the Central Administrative Tribunal, Ernakulam Bench, the post is sensitive in nature and the officers need to be shifted regularly.

A poster of the Malayalam
documentary that was denied
certification

The Centre filed the statement in response to a petition filed by Prathibha, who was removed from the post following alleged denial of certification for a Malayalam documentary 21 Months of Hell based on the Emergency period, seeking to quash the government order.

According to the Centre, at present, the post of regional officers in Mumbai, Bengaluru, Chennai, Hyderabad and Thiruvananthapuram are filled up on deputation basis. Despite the sensitive nature of the post requiring constant shifting of the incumbents, it is also not possible to rotate the ROs among the CBFC regional offices since they are required to have sound knowledge of Hindi plus grasp of one Indian language, the Centre said citing the Recruitment Rules.

The activities of CBFC involve broad aspects relating to certification of films for public exhibition; interpretation of the Cinematograph Act and Rules and judging the effect of film on the wider public. The Indian Information Service (IIS) officers are already trained in understanding the nuances of information and its likely impact on society.

V Parvathy, deputy director, Directorate of Advertising and Visual Publicity (DAVP), New Delhi, has been appointed RO in Thiruvananthapuram.As per the Centre’s order, officers from various places were transferred, and it did not pertain to Parvathy’s case alone.

There was no arbitrariness or other considerations in passing the order. Parvathy is a permanent employee of I&B Ministry and had already functioned in the capacity of DAVP deputy director, with a service experience of over six years, the Centre submitted.

As per the Department of Personnel and Training’s (DoPT) terms and conditions — issued on June 17, 2017 — with respect to the transfer on deputation of Central Government employees to ex-cadre posts, premature repatriation to the parent cadre can be done only with the prior concurrence of the DoPT. This was obtained in the case of Parvathy, the Centre informed the CAT.

CAT Bench seeks Centre’s clarification
The CAT Ernakulam Bench has sought a clarification from the Centre as to how Parvathy, who has been appointed the regional officer of CBFC, Thiruvananthapuram, signed and filed the reply statement on her own behalf in the light of the interim order of the Tribunal. The Tribunal had ordered to maintain status quo in the case of Prathibha’s removal from the post. The reply statement in response to the petition filed by Prathibha was signed by Parvathy, following which the CAT issued the order. The Bench posted the hearing of the case to March 16.  The Centre said the status of Prathibha, who approached the Tribunal, had changed prior to the filing of the petition.

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