CAT orders reinstatement of Maharashtra IPS officer

Setback to R R Patil's drive against 'corrupt' officers

geetanjali

Geetanjali Minhas | June 17, 2010



The Central Administrative Tribunal (CAT) has set aside the suspension of controversial IPS officer A K Jain, delivering a major setback to Maharashtra Home Minister R R Patil's drive against allgedly corrupt officers.

Jain, an officer of 1982 batch, was additional commissioner of police for Central Region in 2000, when following  a complaint lodged by police inspector Sanjiv Kokil, an offence was registered against him under  the Prevention of Corruption Act. Following his arrest, Jain was suspended on June 17, 2000 by invoking the provisions  of  All-India Services (Discipline and Appeal) Rules (AISDA).

Jain’s suspension was continued through intermittent orders. The state home department failed to complete a departmental probe within the stipulated time where  there was no response from the centre on Patil’s  plea to mandatorily retire four senior IPS officers. Jain’s suspension was invoked a month back.

In his 19-page order last week, CAT member Sudhakar Mishra said, “For continuing the suspension, reasons have to be recorded in writing. In the present case, the competent authority has not separately recorded the reasons… under these circumstances, we are constrained to observe that Jain has been kept under illegal suspension, we direct the home department to reinstate him in service with retrospective effect. He shall be entitled to all consequential benefits.”

Jain's argument was that as per the provisions under section 3 (8) of the AISDA rules, which states an order of suspension, which has not been extended, shall be valid for a period not exceeding 90 days and if there was a review, it must be before the day of expiry. In Jain’s case the suspension order was not reviewed on or before September 19, 2000, but it was reviewed a few weeks thereafter. As such continuance of suspension beyond September 19, 2000, was illegal and invalid.

Jain also put forward that as per the amended AISDA rules, the period of suspension on charges of corruption shall not exceed two years and the inquiry shall be completed within two years. Only on recommendation of the central ministry’s review committee can the suspension continue beyond two years.

Meanwhile, a senior IPS official said on condition of anonymity, “Due to inept handling of the cases, important orders passed at the instance of the home minister have been set aside in the last four years. Patil should fix responsibility for the mess. Jain’s case has been mishandled.”

Comments

 

Other News

BMC commissioner Chahal conferred with hon. doctorate

BMC commissioner and administrator Iqbal Singh Chahal has been conferred with a Honorary Doctor of Science Degree (honoris causa) by Guru Nanak Dev University in Amritsar, Punjab. Chahal was conferred the degree during the 48th convocation of the University in Amritsar at the hands of Punjab

Sebi to have two-track approach on ESG

Securities and Exchange Board of India (Sebi) aims to use a two-track approach on environmental social and corporate governance (ESG). Addressing a conference on ‘ESG for Atmanirbhar Bharat` in Mumbai, Sebi chairperson Madhabi Puri Buch said that that there should not be a single carbo

Accuracy more important than speed in news: Anurag Thakur

Presenting authentic information is the prime responsibility of media and that facts should be properly checked before they are put in the public domain, union minister of information and broadcasting Anurag Thakur has said. “While speed with which the information is transmitted is imp

FM concludes pre-budget consultations

Union minister for finance and corporate affairs Nirmala Sitharaman has concluded the pre-budget consultation meetings for Budget 2023-24 that were held from November 21 to 28 in the virtual mode. More than 110 invitees representing seven stakeholder groups participated in eight meetings sch

Coal production rises by 18% to 448 MT

The total coal production in the country stands at 448 million tonnes (MT) for the month of October 2022 which is 18% higher than the production of the corresponding period of last year. The growth of coal production from Coal India Ltd (CIL) is also more than 17%. The ministry of coal said

How to execute large-scale social impact projects

The number of social innovators and entrepreneurs has considerably increased recently in India. The idea of social entrepreneurship, which aspires to provide novel solutions for the world`s most critical social issues, is now receiving more attention. Challenges like overworked healthcare,

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter