IRS officer suspension by AP govt: CAT reserves its judgement

HYDERABAD: The Central

Administrative

Tribunal (CAT) in Hyderabad on Friday reserved its orders in a plea filed by suspended IRS officer

J Krishna Kishore

who challenged the punitive action taken by the state of AP against him.

The bench comprising tribunal chairman Justice

L Narasimha Reddy

and BV Sudhakar, member (administration) earlier stayed the suspension and sought the version of the state as to why it was proceeding against the officer. The IRS officer was an income tax commissioner and, on a request from AP under TDP regime, he came to AP economic development board (APEDB) as its CEO in 2015 on deputation. However, in July 2019, the current YSRCP regime shifted him to the state's general administration department. In December, it suspended him and ordered ACB, CID etc probes against him on the ground that he committed certain irregularities during his stint with APEDB.

Senior counsel Neeraj Malhotra argued the case of Krishna Kishore and said that state has crossed its brief and was acting with a sense of vengeance against him. This IRS officer was part of the income tax probe against Jagathi publications, a firm owned by AP chief minister YS Jaganmohan Reddy and the findings of this probe team were not liked by Jagathi management. They had, in fact, challenged the findings of the probe team before higher judicial forums, he said. Neeraj expressed apprehension whether this background is working against Krishna Kishore now.

Since the income tax department too is asking the state to repatriate him back to it, let there be a direction from this court ordering immediate repatriation of the officer. He was promoted as principal commissioner of income tax and all his batchmates had joined in the new posts. Any delay here would make him a junior there, he added.

Appearing for the State of AP, senior counsel

D Prakash Reddy

argued that state has the jurisdiction to act against the central employees if they are working with it on deputation and its interests are adversely affected by the actions of such employees. He refuted the allegation that the state was acting against the officer with malice. It was Krishna Kishore who sought repatriation to the Centre immediately after YSRCP came into power in the state, he said.

The bench, however, has made it clear that it will not go into the personal allegations that each party is making on the other side. The bench sought to know from the state whether it is ready to send the officer back to the centre.

"If you want to conduct a probe into the alleged irregularities committed by him, you are free to do so. You have already moved him out of APEDB. Why this suspension which looks like a double punishment? Where is the need to retain him here? the bench asked. Prakash Reddy said that if the officer is sent back to Delhi, then the probe in AP would suffer. The bench reserved its judgement.