The Central Administrative Tribunal (CAT) overruled the order of the Kerala government to appoint senior IAS officer B Ashok (IAS:1998:KL) as the head of the newly constituted Local Self Government Reforms Commission. The CAT ordered B Ashok IAS to continue as principal secretary to the Government (Agriculture) and as Agricultural Production Commissioner.
The Bench, comprising Justice K Haripal and Member V Rama Mathew, issued the order on Friday.
Ashok has been serving as principal secretary to the Government (Agriculture) and Agricultural Production Commissioner. But he was recently transferred from Agriculture department to the LSG Reforms Commission. He has been protesting against it.
After lodging his complaint with the Chief Secretary, Ashok moved a petition with the CAT challenging the government order appointing him as the head of the newly constituted Local Self Government Reforms Commission.
Ashok’s counsel, Girija K Gopal, argued that the post of Local Self Government Reforms Commission is not equivalent to the position of Principal Secretary. It was pleaded on Ashok’s behalf that the appointment order was issued as a forced or mandatory deputation, compelling the applicant to leave his cadre post without obtaining his consent.
Furthermore, the decision was made without formally constituting the Commission or determining its staff structure, including the fact that it should be led by an officer of Principal Secretary rank.
It was also submitted that the order also violated the mandatory requirements of the All India Services (Cadre) Rules, 1954, the Consolidated Deputation Guidelines for All India Services, and the Indian Administrative Services (Pay) Rules, 2016, as well as binding judicial precedents.
Therefore, the Tribunal found the order liable to be set aside.
