Setback for CM Vijayan as CAT quashes IAS transfer orders, asks to strictly follow rules

by IANS |

Thiruvananthapuram, March 6 (IANS) In a major setback to the Kerala government, the Central Administrative Tribunal (CAT) on Friday quashed three transfer orders involving senior IAS officers and directed the state to strictly adhere to the 2014 IAS cadre rules while making postings and transfers.

The ruling came on a petition filed by the IAS Officers' Association, which challenged certain transfer and appointment decisions taken by the government.

The Tribunal set aside three transfer orders, including that of senior IAS officer B. Ashok Kumar, observing that the prescribed procedures under the cadre rules had not been followed.

In a significant observation, the Tribunal also declared the appointment of the current Excise Commissioner, M.R. Ajith Kumar, as illegal.

It pointed out that the post of Excise Commissioner is an IAS cadre position and, therefore, only an IAS officer can be appointed to that post.

Ajith Kumar, who had been serving as Additional Director General of Police (ADGP), was shifted from police duties and appointed in the Excise Department amid controversies surrounding the Thrissur Pooram disruption and disclosures made by legislator P.V. Anvar.

With the Tribunal’s latest order, he cannot continue as Excise Commissioner, and the government will have to remove him from the post.

The Tribunal further clarified that appointing non-cadre officers to posts earmarked for IAS officers is unlawful.

It also stated that the posts of Director of the Kerala Institute of Local Administration (KILA) and the Institute of Management in Government (IMG) are IAS cadre posts.

The Tribunal also pointed out that transfers carried out without the recommendation of the Civil Services Board and without recording valid reasons cannot be justified.

It reminded the state government of the Supreme Court's directive that civil servants must be guaranteed a minimum tenure of two years in a post.

The ruling is expected to act as a check on the alleged practice of shifting officers for political reasons and appointing favoured officials to key positions.

The Tribunal also stressed that political considerations should not interfere with administrative functioning.

The judgment has come as a relief to many IAS officers in the state and could lead to a significant reshuffle at the senior bureaucratic level in Kerala in the coming days.