The central government had filed an appeal against an order by the Central Administrative Tribunal (CAT), Chennai, reinstating S Natarajan. The Madras high court upheld the CAT order with a slight modification, depriving him of salary arrears, but endorsing CAT's observation that the removal was a "violation of principles of natural justice."
Natarajan had joined RAW in 1990 as assistant field officer and went on to work in sensitive posts in the eastern region of the country. However, between 1997 and 2004, he was transferred thrice, for which he blamed his senior, S B Shourie. Natarajan said he was harassed during this period and adverse remarks were recorded in the Annual Confidential Report (ACR).
In 2004, despite his reluctance to work again under Shourie, he was transferred to the special bureau, Patiala. The joint secretary, telecom monitoring, informed him that he was being transferred to monitor the activities of the LTTE. But Shourie chose to deploy him to monitor targets in Pakistan. As he did not know Kashmiri, Sindhi, Punjabi or Urdu, he had submitted representations seeking a change in place of posting. But Shourie stonewalled his requests. He was allotted only six days of duty in December 2004 and his leave application to meet his pregnant wife was not sanctioned, said Natarajan.
In December 2004, Shourie issued a memo saying Natarajan was a "security hazard," incorrigible," and "required a psychiatrist." Six months later, he was suspended. The charge memo said he had made "fictitious entries in the log sheets," "manufactured fake messages," and "utilised the log sheets regarding link status of a target country to write his personal grievances." He had also "tampered with the attendance register..." said the memo.
The subsequent inquiry found him guilty and he was dismissed in June 2006. The appellate and revisionary authorities rejected his appeal. He then moved CAT in 2010. The tribunal found the department had not provided crucial documents and portions of the station diary, monitoring logs and attendance register. Further, Natarajan was not allowed to cross-examine witnesses. Stating there were "malafides", CAT quashed the dismissal order.
The central government filed an appeal in the Madras high court stating Natarajan was posted in a department which had "sensitive information pertaining to the nation" and there could not be "even an iota of doubt" about his dedication to duty.
A bench comprising Justice N Paul Vasanthkumar and Justice P Devadass said Shourie had not denied the allegations before CAT. He also failed to appear before the court. "The order of the tribunal requires no interference," said the bench. The bench made a slight modification saying though Natarajan was to be provided with all incremental benefits from the date of dismissal, he was not entitled to back wages.
The Madras high court upheld the CAT order with a slight modification, depriving him of salary arrears, but endorsing CAT's observation that the removal was a "violation of principles of natural justice."
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