CAT stays suspension of IAS officer who checked PM'scopter

The Central Administrative Tribunal (CAT) bench here Thursday stayed the Election Commission order suspending IAS officer Mohammed Mohsinfor checking prime minister Narendra Modi's helicopter inOdisha.

The officer from Karnataka cadre, deployed in Odisha as ageneral observer, was suspended on April 17 for checking Modi's helicopter in Odisha's Sambalpur in "violation" of normsfor dealing with SPG protectees and sent back to the state.

The CAT maintained that during an election process while reasonable assurances of protection and security must be made available to SPG protectees, it cannot be said "they are eligible for anything and everything."

The bench also ordered issue of notice to the EC and "four others" and posted the matter for further hearing on June 6.

 

Mohsin had tried to check some luggage in the convoy of the Prime Minister during his campaign visit and the EC had said he had acted inviolation of its existing instructions.

In its order, CAT member (Judicial) Dr K B Suresh noted therewas a circular regarding the SPG protectees that they are exempted from certain examinations on certain grounds.

"We will not go into the SPG protectees guidelines as perthe bluebook right now, but the rule of law must prevail," he said.

The CAT also took note of the plea of the applicant's counsel who said there were news about heavy packages unloaded from prime minister's cavalcade being taken away in other vehicle.

Questions were raised but apparently no action followed, it said.

Noting that under the Constitutional process offederal structure, even though the EC has the supervisorypowers over the employees under its control at that momentof time, the CAT said once they are out of it, the commission's powers would cease.

The tribunal said: "Thereforethe suspension order issued by the election commission cannot, on the face of it, lie. It is hereby stayed."

However, the CAT said it would look into thismatter afresh once it received the response from the EC.

The tribunal said the applicant will be eligible to rejoin his former position under the Karnataka government "withoutany further ado about it".

Following the suspension, an EC source had said: "It has been laid down that SPG protectees are exemptedfrom checking. He (the officer) should have known the instruction being anobserver. The reason for suspension is dereliction of duty.