Kochi: Take back Jacob Thomas, suspension is not final – CAT

KOCHI: Anti-corruption crusader Jacob Thomas will be back with a bang in government service with the Ernakulam bench of the Central Administrative Tribunal (CAT) ordering his reinstatement forthwith.

The bench on Monday set aside the extension of his suspension from June 18, 2019 and asked the government to duly assign him to an appropriate post of equivalent rank.

Jacob Thomas was suspended on December 20, 2018 on charges of corruption in the procurement of a dredger by the ports department during 2010-11, a day after his suspension on another count automatically stood revoked on the expiry of the one-year term. The first suspension was on December 19, 2017 for criticising the government for its Ockhi relief measures. His suspension was extended from June 18, 2019 citing a comprehensive Vigi-lance inquiry into the dredger procurement following the findings of corruption by the finance department inspection wing.  

The CAT bench consisting of administrative member E.K. Bharat Bhushan and judicial member Ashish Kalia observed that the law had time and again made it clear that suspension cannot take the form of punishment.

“Suspension from service of an employee is solely to be resorted to in order to facilitate an impartial inquiry. The purpose clearly is to ensure that the employee is not in a position to influence the inquiry once he resumes his duties. But the line between a justified suspension from service and a suspension instituted as a measure of harassment is indeed a thin one. The applicant has been out of service since 19.12.2017 and has only a year or so of time remaining till he retires,” observed the bench.

It said that counsel for Jacob Thomas had pointed out that the inquiry based on the earlier set of charges, which resulted in him being put under suspension for a year from 19.12.2017, had made little or no progress, despite a time limit prescribed by the CAT.

The bench also said that the circumstances of the present case lead it to the conclusion that continuance of the suspension period is not necessary if the intention of the state government is solely to get at the truth of the allegations. The Vigilance inquiry ordered has been in progress for the last several months.

“All documents listed are already in the hands of the finance department and the Vigilance and Anti-Corruption Bureau. Hence we see little chance of the officer thwarting the probe if he is reinstated in service. If it is the case that the officer is not found fit to work in the police force or its associated branches, the government should consider accommodating him in any other post of equivalent rank. Mechanically ordering continuance of the suspension period brings no credit to a model employer,” the bench said.

Jacob Thomas had earlier brought to the attention of the bench that the Muvattupuzha Vigilance Court had found no impropriety in his actions in the dredger procurement after the VACB inquired into it and the finance inspection wing tried for vilification. However, the government said that the VACB conducted only a quick verification and that a comprehensive inquiry was held now only.