Advocate N Krishnaprasad
Former.Convenor
Secreteriat Aikyavedi(SAVE)
TC29/97,Ganga Gardens,
MKK Nair Road
Pettah, Thiruvananthapuram.
Pin Code - 695 024.
email:prasadblue56@gmail.com
Website:www.manishada.com
Dated the 1st,May, 2015,.
To
The Hon,ble President of India Shri Pranab Kumar Mukerjee
Rashtrapathi Bhavan ,New Delhi.PIN: 110004
Sub:- Appointment of Members of Kerala Administrative Tribunal-Procedural illegality & non consideration of prayer to select members who can act without bias and prejudices -Review of order of Appointment-reg
Ref:- (1)Letter No A-11014/14/2014-AT dated 09-02-2015 from Sri A.
Asholl Chalai Director(AT),Department of Personnel& Training ,
Government of India to Ms.Geetha,Additional Secretary,Govt
of Kerala,Personnel&Administrative Reforms Department
2. Order No A-11014/14/2014-AT dated 09-02-2015 of Sri A.
Asholl Chalai Director(AT),Department of Personnel& Training ,
Government of India
Most Honoured President
With profound respect and regard to the first Citizen and commander of my beloved Republic,a mighty nation in the galaxy of nations of the world,I Submit the following for your Honour's immediate benign intervention
As per the order second cited your Honour is seen pleased to appoint ,Sri K Jose Cyriac as Administrative Member of Kerala Administrative Tribunal on the basis of the approval of this proposal of appointment by the Appointment Committee of Cabinet(ACC) as per the letter second cited. Your honour has not ordered the proposal for appointment of Justice Sri S Siri Jagan as Judicial member in KAT (Kerala Administrative Tribunal) as it was not approved by this Appointment Committee of Cabinet.
It is very strange and deeply disturbing that order of your honour 2nd cited appointing Shri K Jose Cyriac as Administrative member of Kerala Administrative Tribunl is issued ignoring the terms of appointment prescribed in the Administrative Tribunals ( Procedure for appointments of Members) Rules,2011 and instead following the Government of India (Transaction of Business) Rules 1961 in which approval of Appointment Committee of Cabinet is insisted. .This mode of appointment as per Annexure I to the first Schedule of the Government of India (Transaction of Business) Rules 1961 is applicable in the case of officers of the higher bureaucracy of Union Government and Army Chief ,R B I Governor etc.(Member of Administrative Tribunal of states is not seen included in this Schedule) It is most unfair,derogatory and utterly ridiculous to treat the members of the Administrative Tribunals ,vested with judicial power of High Courts and their status and role equated to the High Court Judges of our country ,as part of the bureaucracy of the Union Government. in their mode of appointment. This order of appointment also fails to comply the ruling of the full Bench of the Supreme Court in para 56(13) of the judgement t ina case namely Union of india v Gandhii 2010 mandating that administrative support of the Administrative Tribunal should be from the Ministry of Law&justice But this order of appointment is approved by the Deprtment of Personnel& Trainingf .It is also ironical that the present Governor of Kerala Justice Shri P Sathasivam was a member in this Full Bench that delivered the above judgement
It is a cruel irony that the Administrative member of the Kerala Administrative Tribunal established to ensure that the appointment and dispensation of service conditions are done in a lawful manner is appointed in an arbitrary and blatantly unlawful manner.The denial of approval of the proposal of the Government of Kerala for appointment of Shri Justice S. Sirijagan as judicial member is also vitiated as it is similiarly at variance with the procedure established by law.
In this context, ,it is painfully submitted that my MEMORANDUM FOR NATURAL JUSTICE&FAIRNESS IN THE APPOINTMENT OF ADMINISTRATIVE MEMBERS OF ADMINISTRATIVE TRIBUNALS IN INDIA (copy enclosed) submitted to His Honour The Governor of Kerala in the month of October 2010 was not considered by the concerned Central Ministry.This memorandum was submitted as the nomination of the appointed member Sri K. Jose Cyriac became scandalised. I will be extremely grateful to your honour,if the concerned are directed to consider this Memorandum while approving proposal for appointment of Administrtive members of Administrative Tribunals 0f our nation
In this circumstance, I respectfully beseech your majestic authority, holding the highest office of our nation, to review the order 2nd cited on the appointment of Administrative Member of Kerala Administrative Tribunal and also the action of denial of approval to the proposal of appointment of Justice Sri S Sirijagan asJudicial member of this Tribunal without any reason, and thereby uphold rule of law,discarding the rule of arbitrariness in this matter
With warm May Day greetings
Yours faithfully
Adv.N.Krishnaprasad
