UP’s seniormost IAS officer challenges govt’s decision to extend suspension

Shanker visited her office in the government’s NCR Cell,faxed the letter,had tea and then left after telling the staff that she would resume charge on Friday. She marked a copy of the letter to Chief Secretary Anoop Mishra,Cabinet Secretary Ajit Seht,Principal Secretary to the Prime Minister Pulok Chatterjee,and Alka Sirohi,Secretary in the Department of Personnel and Training,Government of India.

Shankar told The Indian Express that she had got an order from the state government,dated November 29,2011 extending the period of her suspension by 90 days with effect from December 7,2011. A 1976 batch IAS officer,Shanker is due to retire in February,2012. This order means that she would retire under suspension only.

In her letter questioning the government action,she cited Rule 3 of the All India Services (Discipline and appeal) Rules,1969 which,she said,“makes it clear that the state government has the right to suspend a member of all-India services for a period of 45 days only and such an order of suspension shall not be valid unless the Central government either confirms the order of suspension or initiates disciplinary proceeding before the expiry of 45 days”.

She said the period of 45 days began on September 9,2011 and was over on October 23,2011,but the Central government had neither extended the period of suspension nor taken any decision for initiating disciplinary proceedings against her. Since rules bar the state government from issuing any order for extending the period of suspension,the “order dated November 29,2011 is of no consequence,being without any authority of law”.

Before her suspension,Shankar was posted as Commissioner in the National Capital Region Cell and the post has since been vacant. She was suspended about two weeks after she raised objections to the urbanisation plan of the UP Government along Yamuna Expressway. She was served a charge-sheet on September 23,citing “leave without sanction” as the reason for her suspension.

In the first week of October,she in a letter to the Union Cabinet Secretary,Principal Secretary to the Prime Minister and the Department of Personnel and Training,had alleged harassment to senior UP officers.

The UP government,calling her allegations “baseless,misleading and irresponsible”,had stated Shankar was suspended for going abroad without getting the leave sanctioned is violation of All India Services Rules 1968 as well as All India Services (Leave) Rules 1955.