Can’t bypass state government in service matters: SCAugust 6th, 2012 - 9:53 pm ICT by IANS
New Delhi, Aug 6 (IANS) Matters relating to a public servant alleging bias against a state government are service matters, the Supreme Court Monday said while refusing to entrust such issues to a governor or some independent authority.
The apex court bench of Justice T.S. Thakur and Justice Fakkir Mohamed Ibrahim Kalifulla said this while dismissing as withdrawn a petition by Gujarat cadre officer of Indian Police Service Kuldip Sharma seeking that all matters concerning him should be referred to the state governor or an independent authority as the government was biased against him.
“We can’t do that. Taking things away from the government,” the court said.
Sharma’s petition said: “My matter be placed before the governor or an independent authority as the state government has turned biased.”
Justice Thakur said that this was a service matter and should have gone to the Gujarat High Court or the Central Administrative Tribunal.
Justice Thakur asked Syed how could he plead for these relief under Article 32 of the constitution. “Please tell us why you are not going to the high court,” Justice Thakur asked.
“We can understand” invoking Article 32 “if it is a personal matter involving rights that could not brook delay. It is a service matter”, the court said.
Sharma’s counsel I.H. Syed was told by the court that it could not take away the powers of the government and vest them in some other authority.
Today you are alleging bias against the government seeking transfer of all the matter concerning you to the governor, tomorrow you can allege bias against the governor and seek referring the matters to the vice-president and likewise to the president, the court told the counsel.
Syed told the court that ever since 2007 his client had been slapped with one case after the other in order to downgrade his annual confidential report so that he could be kept out of the consideration for promotion as Gujarat director general of police.
Sharma is currently posted in the central home ministry.
Syed told the court that Sharma was a victim of arbitrariness at the hands of the Gujarat government.
He told the court that ever since 2007 a number of cases were slapped on him.
He said that there was a precedent when the apex court directed the taking away from a minister power to deal with matters relating to a person who had alleged bias. “In my case, it is Chief Minister Narendra Modi who has turned against me,” Syed told the court.
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Tags: apex, apex court, article 32, central administrative tribunal, confidential report, court bench, court justice, director general, gujarat high court, independent authority, indian police service, kuldip, mohamed ibrahim, personal matter, public servant, service matter, service matters, state government, state governor, thakur