The Central Administrative Tribunal (CAT), Ernakulam Bench, on Friday set aside an order issued by the president of the Sree Chitra Tirunal Institute for Medical Sciences and Technology (SCTIMST), Thiruvananthapuram, extending the tenure of Asha Kishore as director of the institute.
The Bench comprising P. Madhavan, judicial member, and K.V. Eapen, administrative member, passed the verdict on an application filed by Sajith Sukumaran of the SCTIMST challenging the extension given to Dr. Kishore with effect from July 15, 2020.
Allowing Dr. Sukumaran’s application, the tribunal observed that the institute body (IB) ought to have obtained the approval of the Union government’s Appointment Committee of Cabinet (ACC) when it decided to extend the term of the director. The IB had only the power to recommend the extension of tenure of director to the ACC, the tribunal said.
‘No proper rules’
The tribunal further observed that it was surprising that an institute of national importance had not framed any proper recruitment rules for its Chief Executive. The recruitment rules did not contain a provision showing the tenure of the director in spite of a specific observation by the High Court. The institute ought to have provided clear provisions regarding age, tenure of the post, selection procedure, powers of the IB etc., in its recruitment rules, The present dispute could have been avoided if the institute had taken steps for incorporating the tenure and conditions of service of the post of director as observed by the High Court more than seven years ago.
The other side
Counsel for Dr. Kishore and the president of the institute contended that no specific tenure was prescribed in the Act or Rules of the institute for the post of director. Though the IB had appointed her initially for five years, there was nothing wrong in extending tenure till she attained superannuation. If the power to appoint the director was granted to the IB, then the same body had the power to extend the tenure as well. Since the institute was governed by a statute, there was no necessity for seeking approval of ACC for the appointment.
The tribunal also dismissed an application by Dr. Kishore challenging the directives of the Department of Science and Technology to the president of the institute to withdraw the extension given to Dr. Kishore.
