CAT dismisses Ashok Khemka’s empanelment petition

Ramkrishan Upadhyay

Chandigarh, July 12

The Chandigarh Bench of Central Administrative Tribunal (CAT) has dismissed an application of Haryana IAS officer Ashok Khemka for quashing an order of the Appointment Committee of Cabinet (ACC) that rejected his request to consider his empanelment as Additional Secretary, Central Government.

In the application, Khemka said he had given a representation to the ACC on September 2, 2021, for considering his request for empanelment as Additional Secretary, following the direction of the Punjab and Haryana High Court. He said his application was dismissed by the ACC vide its order dated September 24, 2021.

Khemka had moved the high court in July 2020 after CAT dismissed his plea. The court disposed of his plea, with a direction that in case he filed a fresh representation within two weeks, the authority concerned shall pass a speaking order, not later than a month. But the ACC dismissed his representation after his case was considered by the special committee of secretaries.

Khemka challenged the ACC order on various grounds. He said he was unable to fulfil the eligibility criteria, as provided in para 6, on account of hardship that were beyond his control. The criteria required minimum three years’ service at the Centre at the level of Deputy Secretary and above. He claimed that he had offered himself on a number of occasions, but was not appointed without any fault on his part.

In the plea, he said the ACC was wrong while dismissing his request. He also claimed that the Centre had given relaxations to other IAS officers in such conditions while considering their candidature.

On the other hand, the respondents justified their decision for dismissing his application. They claimed that he had failed to meet the criteria.

The Bench said the ACC had rightly not considered his application as he did not fulfil the criteria. It said in 2000, the applicant himself withdrew his candidature for Deputy Secretary/Joint Secretary post for personal reasons.