Bengaluru, April 26:
A day after getting relief from CAT against the Election Commission’s order suspending him, Karnataka cadre IAS officer Mohammed Mohsin has decided to take up another legal battle against the EC for recommending disciplinary action against him to the state government. The Central Administrative Tribunal bench here Thursday had stayed the EC order suspending Mohsin for checking Prime Minister Narendra Modi’s helicopter in Odisha, where he was deployed as a general observer, in “violation” of norms for dealing with SPG protectees and sent back to the state. Hours after the CAT stayed the suspension, the EC revoked its order, but recommended to the Karnataka government to initiate disciplinary action against Mohsin and debarred him from election duty until further orders. The officer said in a press release that he would seek a legal remedy against the Commission’s decision. “In the night of April 25, 2019, the commission has issued an order, inter alia, revoking the said order of suspension. It is also recommended, therein, to the government of Karnataka to initiate disciplinary action and I have been debarred from election duty until further orders. I will have to seek appropriate legal remedy against the latter part of the said order of April 25, 2019,” the press release read. Mohsin added it would not be appropriate to mention the merits of the case since the matter was sub-judice.
The CAT in its order had maintained that during an election process while reasonable assurances of protection and security must be made available to SPG protectees, it cannot be said: “they are eligible for anything and everything.”
The bench had also ordered issue of notice to the EC and “four others” and posted the matter for further hearing on June 6.
Mohsin had tried to check some luggage in the convoy of the Prime Minister during his campaign visit and the EC had said he had acted in violation of its existing instructions.
In its order, CAT member (Judicial) Dr K B Suresh had noted there was a circular regarding SPG protectees that exempts them from certain examinations on certain grounds.
“We will not go into the SPG protectees guidelines as per the bluebook right now, but the rule of law must prevail,” he had said.
The CAT also took note of the plea of the applicant’s counsel, who said there were news about heavy packages unloaded from the Prime Minister’s cavalcade being taken away in another vehicle.
Questions were raised, but apparently, no action followed, it had said.
However, the CAT had said it would look into this matter afresh once it received the response from the EC.
The tribunal had said the applicant would be eligible to rejoin his former position under the Karnataka government “without any further ado about it”.
