Free and Fair Election: CAT Stayed Suspension of IAS Officer who checked PM Modi’s Helicopter Amaresh Patel Legal Article Fri, Apr 26, 2019, at ,01:25 PM In a case filed Mohammed Mohsin v. Election Commission of India, application number 170/00468/2019 against the order of Election Commission of India suspending an IAS Officer Mohammed Mohsin, while acting as an Observer in Odisha is suspended by the Election commission. Sh. Mohammed Mohsin, by the virtue of being a General Observer under Section 20 (B) of the Representation of the People Act, 1951 is on deputation with the Election Commission of India had checked the Helicopter of PM Narendra Modi contrary to the instruction of the ECI concerning SPG protectees. However, the circular issued regarding SPG protectees that they are to be exempt from certain examination on certain grounds. CAT observed in reference to the suspension of IAS Officer for searching helicopter of PM Modi that during an election process while reasonable assurances of protection and security must be made available to SPG protectees, it cannot be said that they are eligible for anything and everything. The constitutional process of federal structure, being the basic structure of the constitution, even though Election Commissioner may have supervisory powers over the employees under their control at that moment of time, one they are out of it the power of Election Commission would cease. Therefore, suspension order issued by the Election commission cannot, on the face of it, lie. It is hereby stayed. Applicant will be eligible to rejoin his former position under Government of Karnataka without any further ado about it.