CATpulls trigger in favour of sacked IB top gun

Tribunal says he deserved to be heard first

GN Bureau | February 5, 2010



The Central Administrative Tribunal on Tuesday quashed the dismissal of a senior Intelligence Bureau officer of Maharashtra cadre and ordered the intelligence agency to pay him Rs 1 lakh as litigation cost and mental torture.

Francis John Arahna, an IPS officer of 1984 batch, was sacked after he returned from his foreign assignment in the United States in June 2006, ignoring his request for voluntary retirement.

The IB watched his movements and put him under "lookout notice" after suspecting that he was trying to take asylum in the United States. The intelligence agency proceeded against him after taping his conversation that he has applied for a World Bank job.

The agency started departmental proceedings against him in August 2006 on two charges:
1.Arhana was trying to leave the country with the government's permission, and
2.He had obtained a G-4 category visa granted by the US government to the employees of the international organisations and their families, again without the government's permission.

In its order, CAT awarded Rs 1 lakh to Arhana as cost of litigation, stating that he was at liberty to sue the government for damages that he might have actually suffered all this while.

The two-member bench of CAT chairman Justice V K Bali and vice-chairman L K Joshi struck down his suspension as well as dismissal in 2009, ordering payment of his salary and allowances during the period of suspension as also all post-retirement dues within one month.

It noted that he was suspended on July 27, 2006, but no inquiry was ever held and he continued to remain under suspension for over three years and ultimately dismissed from service on September 17 last year without taking into consideration his explanation.

"We have no hesitation whatsoever in thus setting aside the order dated 27.10.2006 rejecting the request of the applicant for premature retirement, as also advice of UPSC dated 10.8.2009, as indeed also order dated 17.9.2009 dismissing the applicant from service. The applicant would stand relieved by way of premature retirement from the date he was dismissed from service, i.e., 17.9.2009," the order said.

 

Comments

 

Other News

EU–India FTA 2026: A high‑stakes prescription for Indian pharma and healthcare

India’s pharmaceutical industry stands as one of the world’s market leaders of generic pharmacy with market valuation of USD 50 billion in 2026. Characterised by high volume, low-cost generic manufacturing, with an annual growth rate of 10-12% primarily propelled by exports and domestic demand,

Legends, vignettes and tales from the freedom movement

Robin Hood of Kathiawar and Other Extraordinary Stories from India’s Freedom Movement By The Paperclip  HarperCollins, 348 pages, Rs 499  

Solicitor General Tushar Mehta tells quirky tales from the world of law

The Lawful and the Awful: Quirky Tales from the World of Law By Tushar Mehta Rupa Publications, 336 pages, Rs 995  

Cabinet meet discussed `Ease of Living`, `Ease of Doing Business`

The Council of Ministers has deliberated upon valuable perspectives and best practices relating to boosting ‘Ease of Living’ and ‘Ease of Doing Business’, prime minister Narendra Modi said on Friday.   As he shared details of the Council meeting held the d

India should deepen energy partnerships with Africa

The vulnerability of Strait of Hormuz continues to influence energy politics globally. India is highly dependent on imported crude oil as a significant portion of its oil imports still come from the Gulf ultimately making such disruptions particularly consequential and has immediate economic ramifications

The rupee stumbles: Can India Inc. chip in?

Every time the Indian rupee weakens to a new record low, the conversation follows a familiar script. The RBI intervenes. Economists debate the current account deficit. The government appeals to citizens to cut consumption. And within a few news cycles, attention moves on, until the next record low arrives.


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter