THIRUVANANTHAPURAM: Dr B Ashok, who holds the rank of Principal Secretary, was appointed as the Local Self-Government Reforms Commission without the approval of the central government. According to the Civil Service Amendment Act, prior approval of the Union Ministry of Personnel is required for the appointment of civil servants as commissions and tribunals.
The state government can send a recommendation to the centre for this. At the Centre, the files of those up to the Joint Secretary are to be approved by the Minister of State for Personnel and the files of those above are to be approved by the Prime Minister in charge of the Ministry of Personnel. As Ashok holds the rank of Senior Additional Secretary at the Centre, he cannot be appointed as the commission without the approval of the Prime Minister.
Ashok will approach the Central Administrative Tribunal and the High Court alleging that the appointment is illegal. The amendment was brought to require permission to not depute civil servants for investigations against the Centre. The cabinet decided to appoint Ashok without considering this. The commission has not been formed and no order has been issued yet as the illegality has been realized. Senior IAS officers have informed the government that the appointment was made without seeking central approval.
Task of commission is only recommendation
(As stated in the note considered by the cabinet meeting)
One year tenure