Ernakulam: The Ernakulam Bench of the Central Administrative Tribunal (CAT) has reserved its verdict on a petition filed by senior IPS officer Yogesh Gupta (1993 batch, Kerala cadre), who alleged that the Kerala government is deliberately withholding his No Objection Certificate (NOC) for central deputation.
Background of the Case
Gupta, currently serving as Director General of Police (DGP), approached the tribunal claiming that the state’s refusal to clear his central deputation violates the 2024 guidelines issued by the Department of Personnel and Training (DoPT). As per these updated rules, vigilance clearance for All India Services officers must not be withheld arbitrarily and should be supported by valid and documented reasons.
In his petition, the senior officer argued that no formal charges have been filed against him, and the vigilance inquiry cited by the state is being used as a pretext to stall his central deputation prospects.
Read also: CAT Slams Kerala Govt for Withholding DGP Yogesh Gupta’s Vigilance Clearance, Demands Full Disclosure
State Government’s Submission
During the latest hearing on Wednesday, the Kerala government submitted all documents related to the pending vigilance inquiry against Gupta. This was in compliance with an earlier directive from the tribunal, which had criticized the state’s initial response as vague and lacking substance.
The state insisted that its decision to withhold the NOC is based on procedural grounds and ongoing inquiries that could affect the officer’s eligibility for deputation to a central post.
Legal Context and DoPT Guidelines
Gupta’s legal counsel emphasized that DoPT’s 2024 guidelines clearly mention that mere pendency of a preliminary inquiry or unsubstantiated allegations cannot justify denial of deputation clearance. The officer also contended that his fundamental rights and career prospects are being unfairly curtailed.
Tribunal Reserves Decision
After hearing arguments from both sides, the CAT Bench reserved its final order, which is expected to be delivered later this month. The decision is being closely watched by senior bureaucrats and legal observers, as it may set a precedent for similar cases involving deputation and vigilance clearance.
Read also: Senior IPS Officer Yogesh Gupta Files CAT Petition Against Kerala Government Over Career Obstruction