HC declines to stay GO on reversion of Sivanandi's post

Chennai, Nov 2 (UNI) Madras High Court today declined to stay the Tamil Nadu Government Order reverting police officer P Sivanandi to Superintendent of Police (SP) grade from DIG.

A Division Bench comprising Mr Justice Elipie Dharmarao and Mr Justice S K Krishnan while declining to stay the GO of May 15, 2006, however, admitted the petition filed by Mr Sivanandi challenging the order on reversion and issued a notice to the state government.

According to the petitioner, though only the Centre had the jurisdiction to revise the year of allottment, the state government, acting in haste and in violation of the rules, reverted him to SP post from DIG.

The direction was not given effect till date in view of certain interim orders passed by the High Court. However, the petition, challenging the order of Central Administrative Tribunal (CAT) setting aside the select list of 1994-95, was dismissed by the High Court.

The order challenged in this application was never the subject matter of the proceedings. Even the Central Government and the UPSC have opined the action of the state government was without authority of law, Mr Sivanandi's plea said.

The CAT had only quashed the select list but not the notification of IPS appointment and seniority. It had only set aside 1994-95 select list and directed the UPSC to redo the list and assign appropriate seniority. The direction was for a limited purpose of drawing the select list for 1994-95 by redoing the same.

But the order of the Tribunal had not been carried out. It was not redone. The select committee had not been constituted. All this had to be done by the Union Government, UPSC and the state government.

After formation of such committee, the select list was to be finalised by the UPSC. The list should be notified and if there was any change, only then the IPS appointment can be denotified, that too, by the Union Government and not by the State Government, he added.

Mr Sivanandi said the state government has gone two steps ahead in reverting him. The state cannot usurp the power of the President of India as the IPS officers are appointed by him and the notification of seniority had not been quashed.

Only on the basis of quashing of select list, his seniority cannot be revised. Hence, he cannot be reverted or a DIG cannot be posted as SP by the state government.

The tribunal did not direct he should be reverted immediately, he added, and sought to quash the GO of May 15, 2006.

UNI XR GM VD KP1955