HC stays CS appearance before tribunal

IPS officer, seeking accommodation in TS cadre, moved contempt plea

Chief Secretary Somesh Kumar received solace on Thursday when Telangana High Court stayed an order of Central Administrative Tribunal-Hyderabad directing him to appear before it.

The order was passed by a bench of Justices Ujjal Bhuyan and A. Venkateshwar Reddy, after Advocate General B.S. Prasad appeared before it with a request to stay the CAT direction. As per the tribunal order, the Chief Secretary was supposed to appear before it on Friday in a contempt plea.

The contempt petition was filed by IPS officer Abhishek Mohanty stating that Telangana government did not comply with the tribunal direction allocating him to Telangana cadre. The division bench stayed the tribunal order only after the AG assured that he would pass on the advice of the bench to the government to accommodate Mr. Mohanty in Telangana.

“You accommodating him in Telangana State would be subject to the final outcome of the writ petitions….why do not you allow Abhishek Mohanty to join Telangana State?”, Justice Ujjal Bhuyan sought to know from the AG. Before staying the order, the bench made it clear that it would protect Chief Secretary from appearing before the tribunal only if the AG could ask the government to accommodate the officer in the State cadre.

The bench observed that Mr. Mohanty was without a posting and salary for seven months. The matter was adjourned to March 15.

Mr. Mohnaty, who was allotted to Andhra Pradesh during distribution of All India Service officers between Telangana and AP as per AP Re-organisation Act, moved the CAT. The tribunal passed an order allotting him to Telangana government. As the order was not complied with by Telangana government, he filed a contempt petition.

On hearing the plea, the tribunal summoned Chief Secretary Somesh Kumar to appear before it on Friday. which was stayed by the division bench.