Big win for controversial diplomat.
Devyani Khobragade has got a major relief from appellate body in her dispute with MEA. According to TOI report, Central Administrative Tribunal (CAT) has ordered MEA to promote the diplomat to the rank of joint secretary with effect from 2016. It has also flayed MEA for not finishing timely enquiry in her case.
Devyani Khobragade hit the headlines in 2013 when as deputy Consul-General of India in New York she was arrested by US police for allegedly underpaying her Indian house-help. She was strip-searched which lead to India-US relationships coming to a virtual diplomatic breaking point. However, while the Indian government backed her to the hilt at that time, her subsequent relationship with MEA has been rocky. The disciplinary inquiry is yet to be finished which meant Devyani was denied promotion when her batchmates got it in 2016. It prompted Indrani to write to CAT after her plea to then Foreign Secretary Jaishankar didn't yield any result.
Indrani was accused of breaking service rules by MEA and also of giving 'misleading' statement about citizenship status of her kids. Indrani also moved HC against MEA's denial to give Indian citizenship to her children who live in US. CAT in its order has said Indrani should be promoted within two months and all benefits should be given to her. It has rebuked MEA for inordinate delay in submitting enquiry report.
Earlier, Devyani Khobragade denied in the Delhi High Court the central government's claim that she violated the passport and citizenship laws by obtaining American and Indian passports for her two daughters. She submitted before Justice Rajiv Sahai Endlaw that unlike the External Affairs Ministry's contention that her conduct raised questions about her "trustworthiness and integrity", in her 16 years of service she was "routinely adjudicated" as 'outstanding' or a very good officer with the highest degree of credibility and integrity.
In her response to the ministry's contention that she violated Indian Passports Act and Citizenship Act, Khobragade has said "it is respectfully stated that mother of the petitioners (Khobragade's daughters) never applied, nor allowed her spouse or dependants to apply for a foreign nationality or an immigrant visa nor is such a thing alleged by the respondents (Centre). "Hence, by the respondents' own admission, there is no violation of Rules of Indian Foreign Service (conduct and discipline) Rules, 1961...", she said.
Khobragade has also said in her rejoinder affidavit that she has "served the country for 16 years with outstanding service records." "The confidential notes written by the persons who have had the occasion to observe the conduct of the officer closely, routinely adjudicated the officer as 'outstanding' or a very good officer with the highest degree of credibility and integrity...," the rejoinder added. She has also said that her daughters were entitled to have Indian diplomatic passports.
"In the light of the 16 years of outstanding service to the country, the irrelevant and defaming statements by the respondents at several places in their response casting aspersions on the integrity of the officer are not only unfortunate but also reflect a bias, establishing that the action of issuing 'recordable warning' as well as revocation of the passport was on extraneous considerations, and as a result of bias and anger, as is clear for all to see through the defaming statements of the respondents.
With PTI inputs
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