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 25 April 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.
The Election Commission of India had suspended Mohsin posted as a general observer in Odisha after he allegedly checked Prime Minister Narendra Modi’s helicopter in Sambalpur in violation of norms.
An April 16 order issued by the commission said Mohammed Mohsin, a 1996-batch Karnataka cadre IAS officer, had not acted in conformity with the EC’s instructions concerning Special Protection Group (SPG) protectees.
The PM had visited Sambalpur on Tuesday and addressed a rally there.
The EC took the action on the basis of a report from the Sambalpur district collector and the deputy inspector general of police.
Quoting an official, a PTI report said the PM was stated to have been held up for around 15 minutes because of the sudden checking.
“Checking of the prime minister’s chopper, undertaken at Sambalpur, was not in accordance with the EC guidelines as SPG protectees are exempt from such checking,” said the official.
(With PTI inputs)