Kochi, June 18: Central Administrative Tribunal (CAT) today referred to a larger bench, senior IPS officer Tomin J Thachankary’s petition challenging his suspension following a foreign trip he undertook without government permission.
The petition was referred by judicial member K Thankappan and administrative member K George Joseph as there was difference of opinion between them on the legal question if the Governor has the jurisdiction to order suspension of an All India Service employee under Rule 3 of the All India Service (Discipline and Appeal) Rules 1969 without the advice of Chief minister or Council of Ministers.
While the judicial member felt the state has no power to suspend Thachankary, the administrative member differed with the opinion.
Another question was, whether for suspending an All India service employee, the Governor has got executive power of the state government.
–Agencies