High Court orders notice to TNUSRB chairman in a writ of quo warranto

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The Madras High Court on Friday ordered notice to Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) chairman Sunil Kumar, a retired Director General of Police, on a plea to issue a writ quo warranto questioning the authority under which he was holding the post.

Justice N. Anand Venkatesh ordered notices, returnable by October 25, to the Union Home Ministry, the State government as well as the State Security Commission too on the writ petition filed by All India Anna Dravida Munnetra Kazhagam (AIADMK) former MLA I.S. Inbadurai.

Senior counsel V. Raghavachari, representing the writ petitioner, contended that Mr. Kumar lacks the requisite qualifications to hold the post of TNUSRB chairman. In order to substantiate his submission, he urged the court to carefully go through the Indian Police Service (Cadre) Rules, 1954.

The senior counsel submitted that the term ‘Cadre Officer’ would mean a member of the Indian Police Service and the ‘Cadre Post’ would refer to the post specified under item 1 of each cadre in the schedule to the IPS (Fixation of Cadre Strength) Regulation, 1955.

He also relied upon Rule 8 and submitted that every ‘Cadre Post’ could be filled up only with a ‘Cadre Officer.’ A 2018 amendment had brought the post of TNUSRB chairman within the schedule and therefore, a retired IPS officer could not be appointed to the post, he argued.

Mr. Raghavachari also submitted that a Government Order (G.O.) had been issued on November 29, 1991 for permitting retired DGPs and retired Inspectors General of Police to hold the post of TNUSRB chairman. However, the G.O. was not in force since the 2018 amendment, he claimed.

Since Special Government Pleader P. Baladhandayutham sought an accommodation for the appearance of Advocate General P.S. Raman, the judge decided to take up the case for final hearing on October 25. He recorded that central government standing counsel K. Magesh had taken notice on behalf of the Home Ministry.

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