Hyderabad: As the High Court’s sword of Damocles hangs over Chief Secretary Somesh Kumar for his failure to bring back IPS officer Abhishek Mohanty as part of Telangana state, the government on Tuesday signaled to the High Court and Central Administrative Tribunal (CAT) bench of Hyderabad that he will soon implement his orders in this regard.
Advocate General BS Prasad placed GO-583 dated March 14, 2022, issued by Telangana State General Administration Department, which stated that as per CAT orders, Abhishek Mohanty is admitted to the framework of Telangana State after its removal from the framework of the PA State. However, the GO also said that said absorption is subject to the final outcome of the appeal filed by the Union Government against the CAT orders.
After reading the GO issued by the GAD, the Telangana High Court Divisional Bench comprising Justice Ujjal Bhuyan and Justice Venkateswar Reddy did not request the Chief Secretary’s personal appearance before the CAT on Tuesday.
The CS was to appear before the CAT for the last time. However, he has applied to the High Court to stay the contempt proceedings against him brought by the CAT for failing to comply with his orders in taking Abhishek Mohanty as part of Telangana. CS continues to defend the case.
Last week, the High Court granted relief to Kumar for four days and made it clear that he was taking Abhishek Mohanty away as part of Telangana or that he was ready to face contempt proceedings brought by the CAT.
While the HC took a strong stance on the alleged delaying tactic, the Telangana government appeared before the HC on Tuesday to express its willingness to comply with orders and placed GO-583 ahead of them.
Satisfied with the details presented to it by the government, the divisional bench closed Kumar’s interim application. However, the bench declined to close or stay the contempt case pending before the CAT against Kumar. The HC asked the General Counsel to ask the CAT to dismiss the case for contempt.
CAT ordered to submit the compliance report on its orders
After the hearing in the High Court ended, the State Counsel requested the CAT Bench in Hyderabad to close the contempt case against Kumar. However, Polluri Bhasker and other sounsels representing Abhishek Mohanty opposed the request. They brought to the attention of the CAT that the CAT orders dated July 19, 2021 had specifically directed the Telangana government to accommodate Abhishek Mohanty as part of Telangana and assign him an appropriate posting.
But the GO-583 issued by Telangana State only said that it admits Mohanty as part of Telangana. He did not mention his posting, nor did he mention paying Mohanty’s salary, which has been owed for the past six months, the lawyers argued.
Given these claims, the CAT bench ordered the government to submit the compliance report as per its instructions, within two weeks. Once the compliance report is filed, the CAT can close the contempt case against CS.