CHENNAI: Governor RN Ravi has, once again returned the state government’s recommendation for appointing former DGP C Sylendra Babu as Chairman of Tamil Nadu Public Service Commission. This is the second time the governor has returned the government’s decision. Sources said Raj Bhavan returned the files a week ago and the governor has advised to send the file again after fulfilling constitutional requirements for making such high-profile appointments.
ources said the governor had held that there was no transparency in the process adopted for selecting the chairman and members of TNPSC. Also, he pointed out that Sylendra Babu could hold the office of TNPSC chairman only for a year since he is already 61 and the upper age limit for the post is 62. The governor is said to have questioned the decision regarding the appointment of another person as a member of TNPSC since there are many charges against him.
When asked about the governor returning the government’s proposal, senior advocate KM Vijayan told TNIE: “It is a basic fact that the governor of a state cannot act on his own but only on the advice of the council of ministers. If the government sends him a file, he can return it once; but if it is sent again, he cannot refuse to give his consent. He shall act upon the recommendation.”
Vijayan further said the governor can have the prerogative only if he has independent powers. But in this matter, he has got no such powers. “The state government has got the option of approaching a competent court seeking a direction to the governor to act upon its recommendations. Puducherry and Delhi governments have gone to court on matters relating to denial of consent to cabinet decisions,” he added.
After Sylendra Babu retired as DGP on June 30, the government sent his name for TNPSC chief post and a few other names for appointment as members of the commission. The governor, nearly after two months, returned the file seeking certain clarifications from the government as to whether procedures were followed as per the Supreme Court guidelines for making appointments to such posts. The state responded to the clarifications in the last week of August.
The ruling DMK condemned the governor for returning the government’s decision saying Ravi has been intentionally creating problems for the government. The government had strictly followed the SC guidelines for such appointments, the party said.