Setback for government: CAT says IAS officers cannot be arbitrarily transferred

THIRUVANANTHAPURAM/KOCHI: An order by the Central Administrative Tribunal (CAT) preventing the arbitrary transfer of IAS officers without following rules has come as a setback for the government and a major victory for IAS officers. The legal battle was led by B. Ashok, Principal Secretary and President of the Kerala IAS Officers Association.

The tribunal directed that appointments and transfers of IAS officers must be carried out only after consulting the Civil Services Board (CSB). The order applies to officers who have completed their fixed tenure as well as those who have not.

The important ruling was delivered by a bench comprising Judicial Member Sunil Thomas and Administrative Member V. Rama Mathew. As per the order, IAS officers must generally be allowed to continue in a post for at least two years, except in cases of promotion, retirement, or deputation for a period of not less than two months.

The tribunal also ruled that officers from other services or retired officials cannot be appointed to IAS cadre posts. When officers are appointed to commissions or posts outside the government, their willingness must be obtained in advance.

The Civil Services Board, chaired by the Chief Secretary and consisting of the Additional Chief Secretary and departmental secretaries, must issue reasoned orders before any transfer, appointment, or suspension of IAS officers can take place.

Although a Civil Services Board was formed in Kerala following a Supreme Court directive, it has not met regularly since 2015. The tribunal rejected the government’s request to allow transfers of officers who had served more than two years in a post without the board’s approval.

Some decisions, including orders issued by the Chief Secretary transferring IAS officers without the Chief Minister reviewing the files, were also brought before the tribunal. The tribunal’s order is based on the Supreme Court’s 2014 ruling in the T. S. R. Subramanian vs Union of India case, which emphasised the role of the Civil Services Board in such matters.

Transfers targeted Ashok
The tribunal also cancelled three transfer orders issued by the government against B. Ashok. The government had allegedly tried to move him out of cadre posts even though he was soon expected to be promoted to the Chief Secretary grade. According to the petition, the repeated transfers were intended to prevent him from getting a senior post after his promotion.

The government had even created a new department, the Personal and Administrative Reforms Department, and appointed Ashok as its Principal Secretary. This order was also cancelled by the tribunal. The tribunal said it is illegal to create equivalent posts or rename cadre posts in order to make appointments that bypass the rules.

Ajith Kumar may have to be removed
The tribunal also clarified that the posts of Excise Commissioner, Director General of the Institute of Management in Government (IMG), and Director General of Kerala Institute of Local Administration (KILA) are IAS cadre posts and should be held only by IAS officers. This means that Excise Commissioner M. R. Ajith Kumar, who is an IPS officer, may have to be removed from the position.

The petitioners had also challenged the appointments of retired IAS officer K. Jayakumar as Director of IMG and Joy Elamon as Director of KILA. Both had already stepped down from their posts following the dispute.

The petition pointed out that these appointments and transfers were made without following proper rules. If the government files an appeal against the tribunal’s order, the association will also approach the court.
- Dr B Ashok