Thiruvananthapuram: The Kochi bench of the central administrative tribunal (CAT) has ordered the chief secretary to review the transfer of senior IAS officer B Ashok from the cadre post of secretary to the government to a government company, the Kerala Transport Development Finance Corporation (KTDFC) as its chairman and managing director.
In its order issued on a petition by Ashok, the CAT said the review should be conducted by May 12, 2021. Noting that the disposal of his representation against the allegedly irregular transfer against cadre rules and judgments of the Supreme Court, the tribunal asked the chief secretary to examine his submission against extant rules and regulations and pass speaking orders, failing which it will be taken up for adjudication.
In his original application, Ashok had alleged that he was transferred 15 times in the last six years whereas the IAS cadre rules stipulate a two-year fixed minimum term in each post since its amendment in 2014. Not once had the procedure to transfer prematurely, including the mandatory recommendation by the state civil service board, been conducted, he said. He further contended that his latest transfer out of the post of secretary to the government was also against several extant judgments of the Supreme Court which mandate consent of the officer to be transferred out of cadre posts. Before the government moved him out as the managing director of SupplyCo, Ashok was serving as secretary (power and water resources). Presently, Ashok is also the president of Kerala IAS Officers Association.
An analysis of the postings of senior IAS officers in the state cadre by TOI earlier had shown that the state government is facing an immense shortage of officers at the secretary rank and above.
As of December last year, the state has at its disposal only 16 officers at the rank of principal secretary, who are holding 31 posts between them, of which at least 27 are cadre posts. There are only 18 officers of secretary rank holding 41 posts between them, of which at least 30 are cadre posts as per the cadre rules. Together, 34 officers are making good for 72 posts.
On an average, every officer in the rank of principal secretary or secretary is holding two to three additional charges. The average tenure for the officers of the rank of secretary and above in a post has been only 11 months till 2018, while it has further dropped below 10 months in the period after that.
Interestingly, such transfers of officers from the post are in complete violation of the rule as per amendments made in the IAS Cadre Rules, 1954, that was amended on January 28, 2014.