Kerala Government Replaces Excise Commissioner Following CAT Directive on IAS Cadre Rules
The Kerala government issued a significant administrative order on Friday, removing IPS officer M R Ajith Kumar from the position of excise commissioner and assigning the charge to additional excise commissioner (administration) until a regular appointment is finalized. This decision comes in the wake of the Central Administrative Tribunal's (CAT) final order delivered on March 6, which examined the state's procedures for filling senior administrative positions and raised concerns about potential bypassing of IAS cadre regulations.
CAT's Landmark Ruling on Cadre Post Appointments
The CAT order extensively addressed cadre posts and the posting of non-IAS officers to positions linked to IAS cadre strength. Applicants had argued that several such posts were being filled by non-IAS officers without following statutory procedures or obtaining recommendations from the civil services board. In its ruling, CAT reiterated that transfers and postings of IAS officers must adhere to safeguards under the IAS (Cadre) rules and amendments introduced after the Supreme Court's judgment in the T S R Subramanian case, designed to ensure transparency and tenure protection.
The tribunal specifically noted that "all appointments and transfers of cadre officers shall be on the recommendations of civil services board," a requirement intended to prevent arbitrary administrative decisions. Regarding the excise commissioner post, the government had argued that the Abkari Act allows appointment of an "abkari officer" and that the department's work involves prevention, detection, and investigation of offenses, making IPS officers suitable for the role. The state relied on this reasoning to justify appointing non-IAS officers to the position, but CAT did not accept these arguments.
Government's Latest Move Raises Questions About Intent
The latest administrative action appears to stretch the same logic further. Instead of appointing a full-time commissioner following CAT's ruling, the government has temporarily handed the charge to additional excise commissioner (administration), who is a police officer outside the IAS cadre. Technically, this order does not violate CAT's ruling, as it does not make a permanent appointment but merely assigns additional charge until a regular posting is made.
However, critics argue that the decision raises serious questions about whether the intent of CAT's order—to ensure transparent and rule-based appointments—was genuinely respected. The move has sparked debate about administrative transparency and adherence to established procedural safeguards in government appointments.
Additional Administrative Reshuffles Announced
In another order issued on Friday, the government transferred B Ashok IAS, who was serving as agricultural production commissioner and principal secretary (Agriculture), posting him as principal secretary of the Sainik Welfare Department—a comparatively less prominent assignment. Ashok was among the applicants who approached CAT challenging the government's handling of cadre postings. He had been transferred multiple times earlier, but those decisions were cancelled following favorable tribunal orders.
The reshuffle order appoints Tinku Biswal as agricultural production commissioner and principal secretary (agriculture) despite her being on leave. Until she rejoins duty, additional chief secretary Biswanath Sinha will hold the charge. These administrative changes highlight ongoing adjustments within the state bureaucracy following the CAT directive.
Broader Implications for Administrative Governance
The developments underscore the tension between administrative flexibility and procedural compliance in government appointments. While the government maintains that its actions are technically within legal boundaries, transparency advocates emphasize the importance of adhering to both the letter and spirit of judicial and tribunal directives. The situation continues to evolve as stakeholders monitor how the state implements the CAT order while managing essential administrative functions.
