International Law

High on Intelligence - Scraps from the dark side

By admin

Interesting judgment the other day from the Ernakulam bench of the Central Administrative Tribunal [2009 INDLAW CAT 131]>>

Abraham John, a Deputy Field Officer (GD) with the Cabinet Secretariat while posted with the SB, Bangalore, was charged with committing acts under the influence of liquor lowering the prestige of the Department in the eyes of others, absenting himself on many occasions without intimation, overstaying his leave because of his habit of excessive drinking of liquor and his association with unscrupulous people having compromised the security of the department.

For those who are familiar with India’s security establishment,  this is most certainly a junior guy employed with the Research and Analysis Wing, India’s so-called spy agency. The charge - being caught on the tipsy side, in a seedy hotel called Hotel Hindustan, sharing a room with some - er - blokes.

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What’s interesting is the way the charges are worded. I reproduce:

During the period of his stay in ‘Hotel Hindustan’, Shri John was reported to have shared the room with one Tahir and Mohammed, who were working in “Dhabha” type Hotel or businessmen on the pavements. The CO joined them reportedly identifying himself as a Government Officer, and got the accommodation at a cheaper rate. SW-3 and SW-7 did not confirm if his roommates were unscrupulous or Sheri shared any security related information to the unknown people, but they maintained that his association with hawkers and low paid employees and his habit of excessive drinking could prove detrimental to the security of the organisation. The statements of the SWs or the PO could not prove Article III of the charge conclusively.

ummm. I love this. In standard undercover (no pun intended) code “Working in Dhabha type hotel” reads: low paid employee and “businessmen on the pavements” reads: hawkers. Next time you consider a career in India’s famed espionage services, please remember to ask for that handbook on fraternization with the lower classes!

You would be happy to note that the orders of the disciplinary authority and appellate authority were quashed and the tribunal ordered re-instatement of Shri John, without back-wages.

In other interesting definitional stuff, I noticed an office memo issued by the Cabinet Secretariat from October 2008. Did anybody know the word “deferred” means anything other than “postponed”? Well, according to the Prime Minister’s Office, in the context of Cabinet meetings, the term deferred means “disposed of”. Are we clear?

Full post as published by Technology Law India on March 15, 2009 (boomark / email).