The Centre has justified the IPS officer from Tamil Nadu cadre Archana Ramasundaram joining the CBI as its Additional Director.
In its affidavit in response to the application from Tamil Nadu opposing her appointment, the Centre pointed out that the deputation of Ms. Archana was informed to the State government in October 2013 and the State had put her on ‘deputation offer’ list. In February this year the State was informed of her posting and was asked to relieve her. As no response was received for three months, Ms. Archana joined the CBI as Additional Director on May 8. But on May 9 the apex court, acting on a writ petition from Vineet Narain had restrained her from functioning.
The Centre pointed out that the CBI had clarified that since Ms. Archana had assumed charge pursuant to a valid appointment and a specific direction from the Union government, she could not be accused of desertion of her post in the State or for conduct unbecoming of an officer. The CBI also maintained that since she had joined on May 8, Tamil Nadu would not have jurisdiction thereafter to keep her under suspension.
In her response, Ms. Archana said as per Rule 6 (1) A of the Civil Services Rules, Tamil Nadu had given its concurrence to the Central Government on October 15, for her appointment on deputation to the Central Government. Pursuant to that, Central Government appointed her as Additional Director in CBI on deputation basis on 07.02.2014.
She said when the Central Government issued orders directing her to join immediately, she had no option but to obey the orders of the Central Government. The process of relieving was merely a formality and therefore on receiving the orders from Government of India, she handed over charge to the officer next in command, after informing Chief Secretary, Principal Secretary, Home on May 7, 2014 and joined as Additional Director on the forenoon of May 8, 2014. She said the State had no locus standi to implead in the case, which comes up for further hearing tomorrow.
