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Why Telangana chief secretary Somesh Kumar was advised to report in Andhra inside 48 hours


The Telangana Excessive Courtroom order, on the Union authorities’s petition, is antagonistic for bureaucrats lobbying to alter state allotments

Telangana chief secretary Somesh Kumar; (Photograph: ANI)

The Telangana Excessive Courtroom, on January 10, ordered that state chief secretary Somesh Kumar be relieved and despatched again to Andhra Pradesh. The Union authorities directed Kumar to conform inside 48 hours. Asking him to make the swift shift got here whilst Kumar had gone to name on Telangana chief minister Okay. Chandrashekar Rao (KCR). The courtroom’s order is a setback for KCR, who had cherry-picked Kumar to be chief secretary from December 31, 2019, overlooking the claims of a number of seniors.

The 1989 batch bureaucrat was the fifth and longest-serving chief secretary within the historical past of the state administration. His removing coincides with the Union authorities taking a critical notice of Kumar’s conspicuous absence on the second Nationwide Convention of Chief Secretaries, held by Prime Minister Narendra Modi on January 6-7. All chief secretaries besides him attended the convention.

The excessive courtroom bench of Chief Justice Ujjal Bhuyan and Justice Surepalli Nanda, which pronounced the order, allowed the writ petition filed by the Union authorities’s Division of Personnel and Coaching (DoPT) difficult the Central Administrative Tribunal (CAT) order. Following the creation of Telangana, as supplied for within the Andhra Pradesh Reorganisation Act, 2014, the DoPT allotted the All India Companies officers between the 2 Telugu states.

Kumar had challenged the DoPT allotment and, on March 29, 2016, bought a beneficial order from CAT allotting him to Telangana from Andhra Pradesh. The excessive courtroom bench dominated the CAT had grossly erred and its order was clearly unsustainable in regulation and on info, set it apart and quashed it. “Because the Union authorities controls the cadre, such a directive couldn’t have been given by CAT. It’s clear that the CAT had analysed the problem to the Somesh Kumar allocation ruling as an appellate authority, substituting its opinions for these of the Union authorities, which is in opposition to the regulation,” the bench stated.

Consequently, the Telangana Excessive Courtroom’s resolution could impression comparable choose shifts made by about 12 IAS and IPS officers by deciding in opposition to working in Telangana or Andhra Pradesh to which they have been allotted. They’ve both appealed to CAT, like Kumar had, and bought a beneficial order or moved courts to try to rebut a DoPT problem.

Considerably, whereas making it clear that Kumar can not insist on persevering with in Telangana, the excessive courtroom bench referred to varied Supreme Courtroom judgments and stated: “IAS officers don’t have any proper to be allotted in a cadre of their alternative or their dwelling state. Allotment of cadre is an incidence of service. A member of the All India Service bears the legal responsibility to serve in any a part of the nation. No officer has a vested proper to assert allotment in a specific cadre.”

Senior bureaucrats level out that the newest Telangana Excessive Courtroom order could also be cited now to return those that have switched turf again to the states they have been allotted, although the contentions in every case are distinct.

Being an election 12 months, KCR’s problem is to seek out successor to Kumar who can like him sit till late within the night at his workplace desk, coordinate with completely different departments to make sure clean and efficient implementation of schemes and mobilise sources swiftly within the cash-strapped state. He opted for Santhi Kumari, particular chief secretary (forests), additionally of the 1989 batch, whose tenure runs until April 2025.

Bureaucrats level out that the selection of the top of the state administration in addition to that of the police have more and more grow to be the private decide of the celebration in energy as they’re desirous to have a pliable individual. That is usually glossing over competence and seniority—a follow most well-liked by these within the All India Companies that has withered over the a long time, particularly when the Union and state governments are on a collision course.

The opposite fallout of the Somesh Kumar saga is the flak from rival political events on how the ruling Bharat Rashtra Samithi (BRS) has dealt with the Telangana administration. “He’s a pro-KCR individual and his exit is welcome. Democracy would be the greatest gainer with this,” stated BJP chief Marri Shashidhar Reddy, alleging that Kumar, because the Better Hyderabad Municipal Commissioner in 2015, set in course of unlawful deletion of voters, with out serving notices as required by regulation, on the behest of the chief minister.

Telangana Pradesh Congress Committee president A. Revanth Reddy needs a CBI probe into selections taken by Kumar on land and different points as chief secretary, chief commissioner land administration, head of the Telangana State Actual Property Regulatory Authority, other than his position in land digitisation via the Dharani portal. “He has been working all alongside to please the chief minister for making him the chief secretary by overlooking claims of his seniors,” stated Revanth Reddy.

Kumar, who’s to retire from the IAS on the finish of 2023, reported as directed on January 12 to the Andhra Pradesh authorities, however he could go for voluntary retirement to keep away from working in Andhra Pradesh, and KCR, on his half, could appoint him as advisor.

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