Sivasankar’s suspension 2nd such instance in recent past

THIRUVANANTHAPURAM: It is a rare instance when the chief minister suspends his own secretary, the person whom he consults on all administrative matters; including suspending other officers for misconduct. The case of Sivasankar is only the second such instance over the past few years.
The previous one was when Uttarakhand chief minister Harish Rawat suspended his secretary Mohammed Shahid, an officer belonging to 1998 IAS batch, in 2015. He was then suspended for allegedly negotiating a bribery deal with a middleman for liquor licenses. Incidentally, he was also in charge of the excise department when the video showing him negotiating a deal came out through a sting operation.
If a suspension order is served pending departmental action against an IAS officer, he can appeal against the suspension with the Centre. However, there cannot be an appeal, review or revision if a chargesheet is served against him/her. Also, if an IAS officer is suspended, the state government has to submit a chargesheet within two months of suspension, failing which the suspension will be revoked.
In the case of Sivasankar, other than the post of CM’s secretary, he was also holding the charge of IT department where one of the key accused in the gold smuggling case was employed and with whom he shared a close relationship. Other than facing departmental disciplinary action, he is also facing a probe in connection with gold smuggling, a criminal action. Also, it is likely that he will court more trouble if police investigation into the fake document case – in which Swapna Suresh is the main accused – finds him as an accomplice.
If he is charged for offences under IPC, the state government can give sanction to prosecute the officer. At the same time, in case of charges under Prevention of Corruption Act against an IAS officer, the Centre is competent to take a view. If such criminal misconduct pertains to the period when the officer was working in connection with affairs of a state, a recommendation in this regard has to come from the state government.
Also, the sanction for prosecution against an IAS officer should be granted within a time frame of three months after charging, according to SC verdict in Vineet Narain case.