Kerala Government’s proceeding IAS Officer’s shifting despite CAT stay order sparks legal challenge..
In a move that has ignited serious legal and administrative concerns, the Kerala state government has issued a third transfer order for senior IAS officer B Ashok within nine months, despite an active stay order from the Central Administrative Tribunal (CAT) directing that he remain in his current position.
The latest Government Order (GO), issued on Monday evening, reassigns Mr. Ashok just one day before the matter was scheduled for a hearing before the CAT’s Ernakulam bench.
Details of the Contested Transfer
According to the new order, Ms. Tinku Biswal has been appointed as Principal Secretary of the Local Self Government Department, succeeding Mr. Ashok. Concurrently, Mr. Ashok—who currently holds the posts of Agricultural Production Commissioner and Principal Secretary of Agriculture (additional charge)—has been reassigned as Principal Secretary of the Personnel and Administrative Reforms Department, effective September 17.
This directive appears to directly contravene the interim stay issued by the CAT on September 9, which explicitly instructed that Mr. Ashok continue in his present roles pending further review. The tribunal is set to hear the case on September 16.
Government’s Defense and Mounting Criticism
The state’s General Administration Department (GAD) has justified the action, stating it was taken following legal consultation. A senior GAD official noted, “Should the tribunal rule in Mr. Ashok’s favor, this order will be revoked,” adding that the Chief Secretary sought legal advice before finalizing the transfer.
However, this justification has done little to alleviate criticism. The timing of the order, issued immediately before the judicial hearing, is widely perceived as a provocative challenge to the tribunal’s authority and an effort to circumvent its oversight.
Inconsistency in Government’s Legal Position
Complicating the matter further, the government’s latest transfer order contradicts its own submitted legal stance. In a reply affidavit previously filed with the CAT, the state requested the tribunal to vacate the stay and affirm the legality of Mr. Ashok’s earlier deputation to the Kerala Transport Development Finance Corporation (KTDFC). In that affidavit, the government invoked a Supreme Court judgment cautioning against interim orders that disrupt administrative functions, arguing that the CAT’s stay was granted without adequate consideration of the state’s position.
Broader Implications for Governance and Rule of Law
This incident raises profound questions regarding the appropriate balance of power between the executive and the judiciary, particularly the authority of statutory bodies like the CAT. Furthermore, it highlights a pattern of frequent transfers of senior IAS officers in Kerala, a practice that critics argue destabilizes administration, undermines bureaucratic morale, and impedes policy continuity.
The CAT’s upcoming hearing is now highly anticipated, as its ruling may compel the government to rescind the transfer order—a outcome that would underscore the deepening tension between administrative action and judicial oversight.
