In what is perceived as defiance to CAT order, Kerala government issued an order transferring IAS officer B Ashok; third time in nine months even as the ongoing case over the previous transfer order is scheduled for consideration at the Ernakulam bench of the Central Administrative Tribunal (CAT) on Tuesday.
As per the order which was issued on Monday evening, Tinku Biswal was posted as Principal Secretary, Local Self Government Department and B Ashok who now holds the post of Agricultural Production Commissioner and the additional charge of Principal Secretary, Agriculture Department was posted as Principal Secretary, Personnel and Administrative Reforms Department. The order will be effective from September 17.
What CAT said?
The CAT issued an order on September 9, staying the operation of the government order and directing that Ashok will continue to hold his present posts. The case was then posted for September 16. The government has now transferred Ashok from the post a day before the case comes up at the CAT. It is cited that when the CAT has issued a stay order, the government ought to have sought the consent of the tribunal before issuing an order.
GAD officials however said that the order was issued after due legal consultation. “If the tribunal rules in favour of B Ashok, this order will be cancelled. Legal opinion was sought by the Chief Secretary before this order was issued,” said a senior official with the GAD.
Contradictory order in place
The order also contradicts the contentions of the state government in the reply statement filed at the CAT by the Government pleader. The government pleaded in the statement that the tribunal may vacate the interim stay on the government order appointing B Ashok as the Chairman and Managing Director of Kerala Transport Development Finance Corporation (KTDFC) and to declare that his deputation to KTDFC was lawful.
The government cited that the interim stay order was granted at the admission stage of the case without due consideration of the government's submissions and quoted a Supreme Court order which had cautioned against granting interim orders that upset administrative arrangements.
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