Demotion of TN IPS officer was without authority says Centre

Chennai, May 30 (UNI) The action of the Tamil Nadu Government, modifying the seniority of IPS officer Mr Sivanandi 1991-93 was without appropriate authority, stated a letter of the Union Government addressed to the State Government, which was produced before the Madras High Court today.

When an appeal filed by Mr Sivanandi against his demotion as Superintendent of Police by the State Government, challenging the order of Central Administrative Tribunal, quashing the select list for 1994-95 which included Mr Sivanandi, came up for hearing before a Division Bench comprising Mr Justice S K Krishnan and Mr Justice R Sudhakar, the letter dated May 29 from the Union Ministry of Home Affairs addressed to Union Public Service Commission (UPSC) and Tamil Nadu Chief Secretary, was brought to the knowledge of the Bench.

Recording the undertaking of Advocate General R Viduthalai that Sivananadi should not be ordered to join duty as per May 15 order of the State Government, the Bench ordered notice to the Centre, UPSC and State Government, and posted further hearing of the appeal to June 17.

In the letter, the Government stated that in terms of IPS (appointment by promotion), Regulation, Preparation and finalisation of Select List was primarily the concern of UPSC which ultimately takes a decision on the approved select list and review list.

Only after that the Centre effects the appointment of those officers whose names are unconditionally included in the list. After the Centre effects the appointments and the seniority of such officers, the State Government has the liberty to effect their posting or transfer accordingly.

The letter requested the UPSC to convey the decision of either implementing the order or file an appeal against it.

The action of the Tamil Nadu Government modifying the seniority of Sivanandi 1991-93 was therefore without appropriate authority, the letter added.

Originally on a petition filed by some IPS officers, the Central Administrative Tribunal (CAT) had on May 5 quashed the select list for 1994-95 which included Mr Sivanandi, and directed that the list for 1994-95 be redone.

Following this order, the State government downgraded Mr Sivanandi, who was Deputy Inspector General of Police (Intelligence) as SP on May 15.

Challenging the order of the CAT and the consequent order of the State Government, Sivanandi filed the present appeal.

UNI XR SHB VC1928