Kochi: Former ISRO Chairman G Madhavan Nair on Monday approached the Kerala High Court challenging the verdict of Central Administrative Tribunal which had turned down his petition as ‘non-maintainable’.
The CAT had last month dismissed Nair’s plea seeking quashing of the Centre’s decision to debar him from holding government posts for his alleged role in the controversial Antrix-Devas deal, on the ground of maintainability.
According to the petitioner, the findings of CAT are ‘illegal’.
Rejecting Nair’s application, a Division Bench of the had tribunal held that the dispute raised will not come under the provisions of Administrative Tribunal Act.
The bench, comprising Judicial member Justice T R Raman and Administrative member, G George Joseph, had rejected the application on the ground of maintainability.
Nair had moved CAT last year seeking quashing of the January 13 order of Director of Department of Space, Bangalore excluding him from the right to re-employment, Committee roles or any other important role under government and government bodies and also to divest him of any current assignment/consultancy with government and organisations with immediate effect.
He was also aggrieved by another government order terminating his appointment as Dr Vikram Sarabhai Distinguished Professor.
Nair had also sought quashing of chapter 6 of the September 2, 2011, report of the high-level team constituted by the government to examine the facts and circumstances of agreement between Antrix and Devas Multi Media Private Ltd.
Not accepting his plea, the Tribunal had on March 8 this year held that Nair was not a civil servant and this was not a re-employment after retirement in a civil post in connection with affairs of the union. There is no protection of Art 311 of the Constitution of India, it held.
On Nair’s appointment as distinguished Professor in VSSC, CAT had held that he was not under the control or supervision of superior. There was no annual performance appraisal report and he could not be transferred or suspended. Conduct rules would not apply to him. There was no employee-employer relationship between the applicant and respondents, it said.
The professorship in research fellowships is not a civil post or civil service under the Union, it had held.