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HC dismisses former Isro chief Madhavan Nair’s petition

HC dismisses former Isro chief Madhavan Nair’s petition

Kochi: The High court Monday upheld the finding of the Central Administrative Tribunal that former Isro chairman G Madhavan Nair was not holding a civil post and CAT had no jurisdiction to entertain his case.

Madhavan Nair had approached the court challenging the CAT verdict, which had turned down his petition as "non maintainable".

Dismissing the petition, a Division Bench comprising justices Thothathil B Radhakrishnan and Babu Mathew said Nair was not holding a civil post.

It is only an arrangement with the government in the form of fellowship, it said. The bench also did not go to the merits of the case. The court held that Nair can pursue his remedies before appropriate legal forum.

The CAT had in April last year 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.

Rejecting Nair's application, the tribunal had held that the dispute raised will not come under the provisions of Administrative Tribunal Act.

Nair had moved CAT last year seeking to quash 13 January 2012 order of director of Department of Space, Bangalore excluding him from right for 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 Vikram Sarabhai Distinguished Professor in the Department of Space/Space Research Organisation.

The Tribunal had 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 Constitution of India, it had held.

On Nair's appointment as distinguished professor in VSSC, CAT held that he was not under the control or supervision of superior.

The professorship in research fellowships is not a civil post or civil service under the Union, it had held.


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