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| Don’t violate cadre rules, advises CAT | | | ET REPORT/JNF
Jammu, June 22: Fearing lawlessness in civil postings, the Central Administrative Tribunal has strongly recommended that the cadre vacancies should be manned only by the cadre officers.
In a petition filed by one PK Singh Indian Forest Service Cadre seeking adjustment on the cadre post, Central Administrative Tribunal ordered that the cadre vacancies as far as possible to be manned by the cadre officers
In the petition it has been submitted that there are 17 applicants all of them are members of All India Forest Service (IFS). Their service conditions are governed by the All India Services Act 1951.
CAT Chandigarh Bench comprising Justice M Ramachandran vice Chairman, Kushi Ram Administrative Member after hearing Advocate SS Ahmed appearing for the applicant and Romesh Arora proxy for Pratibha Mahajan Advocate, observed that the Central Government has not taken any measures to apply checks when there is violation of rules. The tendency for dubbing the rules requires to be curbed. Otherwise it may ultimately lead to lawlessness and issued certain directions including that a review of the available and existing position as complained by the applicant should be carried out by the Chief Secretary. Likes and dislikes of the constitutional heads are not to be taken note of if instructions or directions are likely to over reach the statutory rules.
On the other hand as the Chief Executive functionary, he is expected to appropriately advise the concerned that the cadre vacancies, as far as possible, are to be manned by cadre officers. While deputing cadre officer to non-cadre post, relevant provisions to be observed as per rules are to be strictly noticed. Repatriation and induction are to be done abiding by letter and spirit of the rules and also directed that a report regarding implementation of the action taken should be forwarded to the Central Government within the three months. While disposing of the petition the CAT directed the Central Government to ensure that the directions and observations in the judgment are complied in time bound manner. JNF
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