Senior IPS officer of Tamil Nadu cadre, Archana Ramasundaram, has been extended protection against her suspension by the State government with the Delhi High Court dismissing a writ petition challenging the Centre’s April 30 order by which her suspension was set aside. The court has ruled that the Tamil Nadu government had no jurisdiction to suspend her while she was on Central deputation.
Ms. Ramasundaram, a 1980-batch IPS officer, was appointed as the first woman Additional Director of Central Bureau of Investigation last year. When she joined the CBI on May 8, 2014, she was suspended by Tamil Nadu government on charges of “deserting” her post of chairperson, Tamil Nadu Uniformed Services Recruitment Board, in Chennai.
Even as Ms. Ramasundaram had sent a letter to the Chief Secretary saying she was proceeding to New Delhi to take charge, the State government maintained that her action lacked legal or procedural propriety.
In June, Ms. Ramasundaram was posted as Director, National Crime Records Bureau (NCRB) in New Delhi, with the Union Cabinet’s Appointments Committee curtailing her tenure as the CBI Additional Director and upgrading the post of NCRB Director to that of Director-General of Police.
Rejecting the Tamil Nadu’s writ petition, the Bench of Justice V. Kameswar Rao said on Monday as Ms. Ramasundaram was under the administrative control of the Central government, Tamil Nadu had “no jurisdiction or competence” to suspend her. The suspension orders were issued on May 8, 2014 afternoon, while the IPS officer joined CBI on Central deputation in the forenoon.
Upholding the April 30 order of the Ministry of Home Affairs by which it had set aside the Tamil Nadu government's suspension order while deciding Ms. Ramasundaram's statutory appeal, the court said in case of difference of opinion on the subject, it would be the Central government's view that would prevail.
The court also clarified that the subject matter of the writ petition was limited to the issue of Ms. Ramasundaram's suspension, and did not relate to the articles of charge issued to her or disciplinary proceedings conducted in the case.
However, Ms. Ramasundaram’s appointment as the NCRB Director is subject to the outcome of a writ petition pending in the Supreme Court, in which the apex court had restrained her from discharging her functions as the CBI Additional Director.
The public interest litigation was filed by journalist Vineet Narain, who submitted that her appointment was made without following proper procedure.
