CAT nullifies posting of enquiry commissioner

KOCHI: The Ernakulam Central Administrative Tribunal on Wednesday set aside the government’s order dated September 24, 2010, appointing S Jagadees as the inquiry authority to probe into the allegation against IPS officer Tomin J Thachankary.However, the Bench ruled that the state government could take action in accordance with the law.A Tribunal Bench comprising Judicial member Justice P R Raman and Administrative member K George Joseph passed the order while considering a petition filed by Thachankary challenging the government’s order . Thachankary was suspended from service for allegedly making a foreign trip without the permission of the government.“The Enquiry Commissioner and Special Judge were appointed to try the offence specified in Section 3(1) of the Prevention of Corruption Act. There is no provision in the act to empower the judge to assign any duty other than this. So, this was not applicable to Thachankary in the instant case, he being an IPS officer not working under the state,” the Bench held.The Bench said the government’s order will not stand legal scrutiny as it suffers from jurisdictional error in empowering the judge as the inquiry authority. There was no prohibition against appointing any one as the inquiry authority, but it is doubtful whether the spirit of Rule 8 of All-India Service (Discipline and Appeal) Rules 1969 has been properly understood and followed by the state, the Bench held.The state submitted that the Vigilance Tribunal, the Enquiry Commissioner and Special Judge are judicial bodies. The Vigilance Tribunal was appointed as the inquiry authority to probe the involvement of All-India Service (AIS) officials in the Marad case, but it was not challenged, the state contended.However, Thachankary submitted that the Vigilance Court has statutory limitations to exercise power and authority in respect of a member of the AIS and the Special Judge was not competent to conduct a departmental inquiry against an IPS officer.The Bench said that,if a board was appointed as inquiry authority, it should have not less than two senior officers. Of this, one member should be an officer from AIS.