KOCHI: The Central Administrative Tribunal (CAT) left the LDF Government red-faced on Monday as it ordered to reinstate DGP Jacob Thomas, who has been under suspension for nearly 20 months, and assign him an appropriate post of equivalent rank.
The tribunal’s Ernakulam bench comprising administrative member E K Bharat Bhushan and judicial member Ashish Kalia issued the order while allowing Thomas’ petition seeking to quash the suspension order. The bench observed that suspension cannot take the form of punishment. The purpose of suspension clearly is to ensure that the employee is not in a position to influence the inquiry once he resumes his duties.
The first suspension order was for Thomas’ criticism of government and publication of books without permission. And the second was for his alleged malpractice as the Director of Ports in purchasing costly dredging equipment during 2010-11.
Thomas’ counsel C Unnikrishnan submitted he has been a victim of professional vendetta for his vigorous anti-corruption measures.
Jacob Thomas, out of service since December 19, 2017, has only a year’s service left before retirement.
The bench said continuance of suspension period is not necessary if the intention of the state is solely to get to the truth. All documents are already in the hands of the Finance and Vigilance departments, it added.
The bench saw little chance of the officer thwarting the probe if he is reinstated in service. “If it’s the case that the officer is found not fit to work in the police force or its associated branches, the government should consider accommodating him in any other post of equivalent rank. Mechanically ordering the continuance of a suspension period brings no credit to a model employer,” it observed.
The petitioner stated that Vigilance had found the allegations to be baseless.Further the Vigilance court, Muvattupuzha, held there was no impropriety in the actions of Thomas in the procurement of the dredger. However, the government had issued the suspension order considering the report of the Finance Inspection Wing.
He submitted the government’s intention was to keep him under suspension continuously even after one year of earlier suspension.Public interest was not the reason for this action. The alleged misconduct happened more than seven years ago. The Centre submitted it has no role to play in this case.
OUT OF FAVOUR
Dec 19, 2017
Jacob Thomas suspended for criticising the LDF government in the wake of Ockhi cyclone
Another reason He published two academic research books without official permission
Dec 19, 2018
Again suspended alleging malpractice in the procurement of dredger as Ports director