Tuesday, July 20, 2010

Hearing on plea by Thachankary begins

Kochi: A Full Bench of the Ernakulam Central Administrative Tribunal on Monday began hearing arguments on a petition filed by Inspector-General of Police Tomin J. Thachankary challenging his suspension from service. The Bench consisting of L.K. Joshi, Vice-Chairman; George Paracken, Judicial Member; and K. Noorjehan, Administrative Member; has been constituted after a two-judge Bench referred to the larger Bench the petition of the senior IPS officer. � Special Correspondent

The petition was referred by the Bench comprising Judicial Member Justice K. Thankappan and Administrative Member K. George Joseph as there were differences of opinion between them on the legal question whether the State Government has the power to place under suspension an All India Service employee under Rule 3 of the All India Service (Discipline and Appeal) Rules 1969.

While the Judicial Member was of the view the State had no power to suspend the IPS officer, the Administrative Member differed with this view.

Mr. Thachankary has been placed under suspension for undertaking a foreign trip without obtaining the permission of the State government. According to him, he had been suspended on extraneous and irrelevant considerations, bypassing the Home Department. He also pointed out that no disciplinary proceedings had been commenced against him by serving a memorandum of charges. Therefore, the suspension was totally misconceived. The government contended that Mr. Thachankary went abroad without obtaining sanction of the government

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