IAS Officer B Ashok Escalates Confrontation with Kerala Government Over CAT Order Violations
Senior IAS officer B Ashok, who previously successfully challenged the Kerala state government's handling of cadre posts before the Central Administrative Tribunal (CAT), has intensified the confrontation by formally writing to Chief Secretary A Jayathilak. In a representation dated March 14, Ashok alleges that the state's subsequent administrative orders not only violate the tribunal's final judgment but also amount to contempt of court.
Violation of CAT Ruling on Excise Commissioner Post
Ashok, one of the petitioners in the original case, specifically questions the government's decision to again entrust the charge of the excise commissioner's post to an IPS officer. This move directly contradicts the CAT's clear ruling delivered on March 6, which declared that the post of excise commissioner in Kerala is part of the IAS cadre and must be held exclusively by an IAS officer.
The officer pointed out that although the tribunal's ruling effectively removed the then excise commissioner, IPS officer M R Ajith Kumar, the government subsequently entrusted the charge to another IPS officer—the additional excise commissioner (administration). Ashok's representation states unequivocally: "Directing the holding of the vacancy again by entrusting the additional charge to another relatively junior IPS officer is in direct wilful contempt of the orders of the hon'ble CAT."
Government's Alleged Contempt and Transfer Issues
The senior officer reminded the chief secretary that the tribunal had explicitly cautioned the state government against further violations of its orders. "Despite the above, the… chief secretary is found to have committed wilful contempt… by not considering a replacement by posting an IAS officer in the cadre post of excise commissioner, thereby wilfully flouting the directions of the hon'ble CAT," Ashok wrote in his detailed representation.
Furthermore, Ashok raised serious questions about the government order transferring him from his position as agricultural production commissioner and principal secretary (agriculture) to the departments of Sainik Welfare and Youth Affairs. He specifically sought the agenda notes and minutes of the civil services board (CSB) that allegedly recommended his transfer, noting that the March 13 government order transferring him did not indicate that the board was convened as mandated by the tribunal.
"However, the order does not refer to any preceding meeting of the civil services board as directed by the hon'ble central administrative tribunal, nor does it acknowledge compliance. If it were so, the order is in direct contempt of the… common order," the representation emphasized regarding the transfer procedure.
Background of the CAT Judgment and Legal Framework
The tribunal's March 6 judgment established several critical precedents:
- Transfers and postings of IAS officers must be made only on the recommendation of the CSB under Rule 7 of the IAS (Cadre) Rules, 2014
- The government can transfer and post an IAS cadre officer only on recommendation of the CSB
- The post of excise commissioner in Kerala is definitively part of the IAS cadre
This landmark judgment stemmed from applications filed by the Kerala IAS Association and two senior IAS officers, including Ashok himself, challenging the state's established practices of posting non-IAS officers to cadre posts and effecting transfers without proper CSB consultation. The current confrontation represents a significant escalation in the ongoing administrative dispute between senior bureaucrats and the state government regarding proper cadre management and adherence to established rules and tribunal directives.
