Dated 30/11/2013
In a historic judgment, the Supreme Court has ordered withdrawal of the disciplinary action against former Indian Revenue Service (IRS) officer Ashok Kumar Aggarwal thirteen years after his suspension, thus striking down government's repeated attempt to block the aggrieved officer's honorable return to service.
A bench headed by Justice B S Chauhan last week dismissed an appeal filed by the Centre which had challenged the Delhi High Court's order of September 17 last year that revoked the government's suspension order.
The Honorable apex court agreed with the contention of senior advocate Ram Jethmalani who, appearing for Aggarwal, said the suspension order was illegal and malafide.
The Supreme Court came down heavily on the government and evoked its decision to issue a fresh order of suspension after Competition Appellate Tribunal (CAT) had already given a green signal for Aggarwal's return to service on June 1, 2012.
Interestingly, Gov.’s last order was issued at a time when the Prime Minister was in charge of the Finance Ministry to which all IRS officers report to.
It may be recalled the High Court had upheld the CAT's order to revoke Enforcement Directorate's former Deputy Director Aggarwal's suspension, dismissing the Centre's appeal against it. In its judgment the High court said "the test to probity of a civil servant must not become a test to his patience."
The Tribunal had on July 1 last year, while ordering revocation of Aggarwal's suspension, said the 1985 batch officer, who is facing cases of disproportionate assets, cannot be kept on suspension "endlessly".
Aggarwal was suspended in 1999 and the CAT had first quashed his suspension in 2003 but the Department had in April 2003 suspended him again and it was set aside by the CAT in July this year.
The CAT had ordered revocation of Agrawal's suspension saying the Ministry had not complied with its December 16, 2011 order to convene a review committee meeting to decide if his suspension should be revoked.
- See more at: http://www.powerbuzz.in/web/news.php?newsid=4529#sthash.Z3r4Pa99.dpuf
In a historic judgment, the Supreme Court has ordered withdrawal of the disciplinary action against former Indian Revenue Service (IRS) officer Ashok Kumar Aggarwal thirteen years after his suspension, thus striking down government's repeated attempt to block the aggrieved officer's honorable return to service.
A bench headed by Justice B S Chauhan last week dismissed an appeal filed by the Centre which had challenged the Delhi High Court's order of September 17 last year that revoked the government's suspension order.
The Honorable apex court agreed with the contention of senior advocate Ram Jethmalani who, appearing for Aggarwal, said the suspension order was illegal and malafide.
The Supreme Court came down heavily on the government and evoked its decision to issue a fresh order of suspension after Competition Appellate Tribunal (CAT) had already given a green signal for Aggarwal's return to service on June 1, 2012.
Interestingly, Gov.’s last order was issued at a time when the Prime Minister was in charge of the Finance Ministry to which all IRS officers report to.
It may be recalled the High Court had upheld the CAT's order to revoke Enforcement Directorate's former Deputy Director Aggarwal's suspension, dismissing the Centre's appeal against it. In its judgment the High court said "the test to probity of a civil servant must not become a test to his patience."
The Tribunal had on July 1 last year, while ordering revocation of Aggarwal's suspension, said the 1985 batch officer, who is facing cases of disproportionate assets, cannot be kept on suspension "endlessly".
Aggarwal was suspended in 1999 and the CAT had first quashed his suspension in 2003 but the Department had in April 2003 suspended him again and it was set aside by the CAT in July this year.
The CAT had ordered revocation of Agrawal's suspension saying the Ministry had not complied with its December 16, 2011 order to convene a review committee meeting to decide if his suspension should be revoked.
- See more at: http://www.powerbuzz.in/web/news.php?newsid=4529#sthash.Z3r4Pa99.dpuf
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