CAT made mistake in allocating Somesh Kumar IAS to Telangana: HC

Hyderabad: The Telangana High Court on Wednesday heard petitions filed by the Department of Personnel and Training (DoPT), Union of India, challenging the allocation of 14 All India Service Officers (IAS & IPS), originally allotted to the Andhra Pradesh State but working in the Telangana State based on an Order passed by the Central Administrative Tribunal (CAT), Hyderabad Branch.

Additional Solicitor General B Narasimha Sharma, representing the Union of India informed the HC Division Bench – Justice Abhinand Kumar Shavili and Justice Anil Kumar Jukanti – that after the bifurcation of the united Andhra Pradesh, 14 AIS officers (IAS and IPS) challenged their allocation to the Andhra Pradesh before the Central Administrative Tribunal, Hyderabad Branch, in 2016. Subsequently, CAT passed orders allotting them to the Telangana State. Since then, these 14 AIS officers are working in the Telangana State.

Further, Narasimha Sharma informed the court that on January 10, the Telangana HC, comprising the then Chief Justice Ujjal Bhuyan and Justice S Nanda, allowed the writ petition filed by the DoPT seeking suspension of the Hyderabad CAT order, allocating Somesh Kumar IAS to Telangana in 2016.

Later, the HC quashed the March 29, 2016 CAT order allocating Somesh Kumar IAS to Telangana.

Moreover, Sharma contended that the judgment delivered by the Division Bench suspending the CAT Hyderabad order allocating Somesh Kumar IAS, former chief secretary of Telangana State, is applicable to the seven writ petitions filed by the DoPT, challenging their allocation to Telangana viz., Anantha Ramulu IAS, SS Rawat IAS, D Ronald Rose IAS (two writ petitions), Amrapali Kata IAS, Anjani Kumar IPS, DGP and Abhilasha Bisht IPS.

The Division Bench, while suspending the CAT order, which allocated Somesh Kumar IAS to Telangana said, “The order of CAT is clearly unsustainable in law and on facts. CAT has grossly erred in allocating Somesh Kumar IAS to the state of Telangana. Hence, it is set aside and quashed. The order of the CAT is wholly without jurisdiction and such a direction could not have been delivered as the cadre controlling authority of the All-India Service Officer is solely the Central Government.”

For further hearing, the matter was adjourned to November 15 directing the counsels for all the petitioners in the writ petitions to file a brief synopsis.