The Central Administrative Tribunal (CAT) has declined to interfere with the decision of the Election Commission of India (ECI), which had asked the State government to initiate a disciplinary action against Mohammed Mohsin, an IAS officer of Karnataka cadre, for allegedly violating instructions related to the Special Protection Group (SPG) protectees in searching the helicopter used by Prime Minister Narendra Modi during the Lok Sabha election campaign in Odisha last year.
However, the tribunal’s Bengaluru Bench has directed the State government to seek an explanation from Mr. Mohsin in the first instance before issuing a formal chargesheet under the rules for conducting disciplinary inquiry. The tribunal, in its March 4 order, also directed the government to appoint a retired Chief Secretary of Karnataka cadre to conduct the disciplinary inquiry if the government decided to hold the inquiry after due and unbiased examination of the explanation to be given by the officer.
The ECI, the tribunal said, had applied its mind in passing the order against Mr. Mohsin as the Deputy Election Commissioner had looked into the matter, taken evidence and then reported the issue to the commission.
As Mr. Mohsin, who was appointed as general observer for Sambalpur Parliamentary constituency in Odisha for the Lok Sabha elections, contended that he had not ordered searching of the helicopter, the tribunal said, “This matter, without any doubt, can and should be decided only in the inquiry by only the disciplinary authority without extraneous juncture.”
The ECI acted after a complaint made by the SPG on violation of instructions related to SPG protectees. The ECI had initially suspended Mr. Mohsin and the CAT had stayed the suspension. Subsequently, the ECI on April 25, 2019 revoked his suspension, debarred him from election duty, and recommended the State government to initiate disciplinary action on the basis of the factual report of the commission.
Mr. Mohsin had moved the tribunal challenging the ECI’s April 25, 2019 decision while also seeking a direction to the State and Union governments not to take any action against him based on the ECI’s decision.
The tribunal has said that there was nothing wrong on the part of the State government in taking action as their fundamental duty was to comply with the recommendation made by the ECI.
