BENGALURU: The Bengaluru Bench of Central Administrative Tribunal (CAT) on Monday said that the order issued by the State Government to keep the Civil Services Board (CSB) in abeyance is invalid and ineffective. The CSB was constituted to make recommendations in case IAS officers are transferred before the completion of the minimum-specified tenure of two years.
CAT made the observation while directing the Competent Authority (who is the head of the executive, CM, who holds DPAR portfolio) to revisit the order to transfer B Sharath from the post of Deputy Commissioner of Mysuru. CAT also directed that the exercise should be completed in a month after taking the recommendations of the CSB, which should give Sharath an opportunity to present his case, before making a recommendation to the Competent Authority.
A Bench of Judicial Member Suresh Kumar Monga and Administrative Member Rakesh Kumar Gupta passed the order while disposing of the original application filed by Sharath, questioning the appointment of Rohini Sindhuri as DC of Mysuru and his posting as MD of Karnataka Silk Marketing Board Ltd on September 28, 2020.
“The Government Order dated March 12, 2014 keeping the CSB, which was constituted on January 31, 2014, in abeyance for an indefinite period is not only contrary to the directions given by the Supreme Court in Subramanian’s case, but it is also in defiance of a mandate given by the Indian Administrative Service (Cadre) Amendment Rules, 2014 which, in any case, were promulgated by the Central Government in consultation with the State Governments concerned while deriving the powers from the provisions of Section 3 (1) of the All India Services Act,” CAT said.
After holding the government order of March 12, 2014, as invalid, it said, “We would have straightaway quashed the applicant’s transfer order, being in violation of the provisions of the ‘1954 Rules’ as amended up to date, but we are constrained to put a restraint by posing a question to ourselves as to whether this Tribunal can enter into the arena of the competent authority in the matter of transfer and postings of the members of the All India Services.”