Appointment of Justice Rafat Alam as Chairman of UP Human Rights Commission was challenged by social activist Dr Nutan Thakur through a petition filed in the lucknow bench of Allahabad High Court.
In her petition, Dr Thakur claimed that Justice Alam has been appointed against the clear provisions of section 11 of the Administrative Tribunal Act 1985. This makes Chairman of Central Administrative Tribunal (CAT) ineligible for further employment under Central or State Government.
The petition says Justice Alam is presently Chairman of CAT and hence he could not have been appointed as Chairman of the Human Rights Commission. Hence not being legally empowered to hold this position, his appointment shall be cancelled.
Earlier, `The Pioneer’ had published that how Congress had raised questions over Alam’s selection as the new SHRC chairman accusing both the government and the Governor for flouting norms. It also asked the state government to clarify any other provision under which such appointments could be made.
``There are a series of appointments made by the SP government which not just kicked up controversies but also embarrassed Chief Minister Akhilesh Yadav and the court had to intervene to set aside the nomination. The last one was that of Anil Yadav, the erstwhile Chairman of UP Public Service Commission, whose appointment was vancelled by the High Court,” pointed out Congress leader Amarnath Agarwal.
Alam, who was Chief Justice of MP High Court, assumed the charge of Chairman, CAT on August 8, 2012. The CAT was established for adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts under the control of Government of India.