The Central Administrative Tribunal, Madras Bench, has ordered notice to the State government on an application filed by C. Umashankar, an IAS officer, challenging the Chief Secretary’s order denying permission to him to visit South Korea to participate in a religious festival.
The Bench comprising members G. Shanthappa and O.P. Sosamma issued notice to the respondents, including the Union government, the State government and Chief Secretary Debendranath Sarangi, on an application by Mr. Umashankar, who is currently holding the post of Commissioner for Disciplinary Proceedings.
The Chief Secretary had rejected Mr. Umashankar’s request to visit South Korea and to participate in a church celebration.
In his application, Mr. Umashankar said he was invited by Manmin Central Church, Seoul, Korea, to participate in their 30th Anniversary Celebration. The host offered accommodation and amenities during his stay. To avail himself of foreign hospitality, he must obtain permission from the Central government under the Foreign Contribution (Regulation) Act, 1976, and the request had to be submitted through the Chief Secretary. Therefore, he said he submitted a letter on August 13, seeking permission to accept the hospitality and also to grant earned leave for seven days from October 3.
Mr. Umashankar said the Chief Secretary has sent impugned communication on September 11, stating that the “All India Services (Conduct) Rules 1968 do not permit such activities and therefore the request to participate in the celebrations of Manmin Central Church, South Korea, is not feasible of compliance.”
Seeking the quashing of the Chief Secretary’s order, the officer submitted that the “Chief Secretary’s letter is without jurisdiction and is illegal. The impugned letter reveals the vindictive action of the State government.”
He added that his right to freedom of travel and freedom of conscience and the freedom to profess and practice religion of his choice could not be curtailed by the authorities.
Mr. Umashankar said one of his reports to the State government indicted Mr. Sarangi, regarding allocation of Tamil Nadu Housing Board Flats and plots to fictitious persons after the announcement of General Elections to the State Assembly in 1996. Mr. Sarangi was peeved and biased against him and has sent the impugned letter to spike him.
The Bench adjourned the matter to December 14 for further hearing.
