Ashok flags CAT order violation by govt

Thiruvananthapuram: Senior IAS officer B Ashok, who successfully challenged the state govt's handling of cadre posts before the Central Administrative Tribunal (CAT), escalated the confrontation by writing to chief secretary A Jayathilak. He alleged that the state's subsequent orders violated the tribunal's final judgment and amounted to contempt. In a representation dated March 14, Ashok one of the petitioners in the case questioned the govt's move to entrust charge of the excise commissioner's post again to an IPS officer, despite the tribunal's clear ruling that it is an IAS cadre post. The CAT, in its order delivered on March 6, declared that the post of excise commissioner in Kerala is part of the IAS cadre and must be held only by an IAS officer. Ashok pointed out that although the tribunal's ruling removed the then excise commissioner, IPS officer M R Ajith Kumar, the govt again entrusted the charge to another IPS officer, the additional excise commissioner (administration). "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," the representation stated.The officer also reminded the chief secretary that the tribunal cautioned the state govt 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.The representation also raised questions about the govt order transferring Ashok from the post of agricultural production commissioner and principal secretary (agriculture) to the departments of Sainik Welfare and Youth Affairs. The senior officer sought the agenda notes and minutes of the civil services board (CSB) that allegedly recommended his transfer, saying the March 13 govt order transferring him did not indicate that the board was convened as mandated by the tribunal. He said the order transferring him did not refer to any preceding meeting of the CSB. "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 said.The tribunal's March 6 judgment also held that 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 govt can transfer and post an IAS cadre officer only on recommendation of the CSB," the CAT ruled. The CAT judgment was based on applications filed by the Kerala IAS Association and two senior IAS officers, including Ashok, challenging the state's practice of posting non-IAS officers to cadre posts and effecting transfers without CSB consultation.