MD of a ‘Schedule A’ Central PSU was appointed as Joint Secretary equivalent on “Lateral Shift” basis under a ministry ignoring the fact that being a ‘Schedule A’ PSU only Additional Secretary with two years experience on date of vacancy were eligible. Secondly, ‘lateral shift’ is only applicable in respect of Armed Forces personnel being posted on a civil post within the Government.

The concerned ministry allegedly resorted to Civil Services Board (CSB) mode without seeking prior approval of ACC and without seeking prior approval of relaxation in eligibility from ACC in consultation with PESB & Dept of Public Enterprise (DPE). Moreover, CSB is not applicable in respect of Additional Secretary and above posts.

There has been no notification for filling up of the post, and whole process is tainted with arbitrariness and Prime Minister being misled to approve improper appointment. If It is reliably learnt that EO ACC division, in this context, has stated that they were not aware about the procedure adopted as they did not process the case and do not possess any information in this regard.

Further Cabinet Secretariat is learnt to have issued directives that such instances of appointments in respect of All India Services officers whenever done will be treated as ab-initio non-est in the eye of law; and whenever it comes to notice of DoPT it will declare it as null and void. It is understood that DoPT is ceased with the matter of declaring it as null-void.