HC dismisses Thachankary's petition

Kochi: Kerala High court today dismissed a petition by Senior IPS officer Tomin J Thachankery challenging the Central Administrative Tribunal (CAT)'s order confirming his suspension for underatking a foreign trip without seeking the state government's prior permission. The court cannot issue any directions to re-admit him into service at this juncture, a division bench comprising
Thothathil B Radhakrishnan and justice P Bhavadasan held while dismissing Thachnakery's petition.

The court also pointed out that discipline in the force is a matter of 'paramount state importance' and observed that
there is 'no semblence of eligiblity for the officer to seek re-admission to duty unless he is cleared of the 'smudge'
against him'.

'The scale of justice has necessarily to tilt in favour of protecting and securing the larger public interest in such a
situation, even if it be the petitioner may ultimately come out innocent', the bench held.

Thachankery, was suspended from service on April 17 this year while he was Kannur range IGP for undertaking the trip to
the gulf without seeking the government's permission. He approached the Central Adminsitrative Tribunal (CAT) challenging the suspension, which was dismissed. The CAT had on August 13 held that the officer's act of travelling abroad
without seeking government's prior permission was 'illegal' The state government informed the court that it would not
be in national interest to let the officer be re-admitted to duty.

Though Thachankery denied accusations made against him touching his visits abroad and his alleged meetings with some
'wanted' men in the gulf, the bench said it was 'too premature' to look into such matters.

'In the larger public interest, it would be inappropriate to ignore the specific stand taken by the Ministry of Home and
External Affairs in the Central government and the response of to that from the state government', the bench held.

The central government had accused thachankery of 'misdeeds' which have been referred to the National
Investigation Agency (NIA).

The judges also referred to a letter by the Ministry of Home Affairs to state chief secretary that the ministry of Home Affairs had been informed by an Indian ambassador in the gulf that members of Indian community had informed that thachankery had met several 'wanted' men from kerala and promised them of their safe return to India for consideration.
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