In a significant administrative development in Kerala, Excise Commissioner M R Ajith Kumar has been removed from his post following a major ruling by the Central Administrative Tribunal (CAT), which held that only IAS officers can be appointed to cadre-designated posts such as Excise Commissioner.
The tribunal’s order reinforces that appointments, transfers, and tenure decisions involving cadre posts must strictly follow recommendations of the Civil Service Board, marking a major shift in how senior bureaucratic postings will now be handled in the state.
Why M.R. Ajith Kumar Was Removed
M R Ajith Kumar, an officer holding the rank of ADGP, was serving as Excise Commissioner despite the post being classified as an IAS cadre position.
The CAT ruled that:
• the Excise Commissioner post is reserved for IAS cadre officers
• non-IAS appointment to such cadre posts violates service rules
• cadre appointments must follow Civil Service Board recommendations
As a result, he has been removed from the post, and an Additional Commissioner has been given temporary charge.
Read also: Major Setback for Kerala Government as CAT Orders IAS Cadre Posts Only for Serving Officers
CAT Reaffirms IAS Control Over Cadre Posts
The tribunal clearly stated that cadre-designated posts must remain within the Indian Administrative Service structure.
Key Tribunal Observation
Only IAS officers can occupy posts officially classified as cadre positions, unless rules explicitly provide otherwise.
This ruling is expected to affect future appointments across several departments in Kerala.
Civil Service Board Now Central to Transfers and Appointments
The order significantly strengthens the role of the Civil Service Board in bureaucratic administration.
No Posting Without Board Approval
According to CAT:
• no transfer can occur without board recommendation
• no appointment can be made without recorded reasons
• suspension also requires formal Civil Service Board process
Composition of the Civil Service Board
The Civil Service Board in Kerala consists of:
• Chief Secretary (Chairperson)
• Deputy Chief Secretary
• Departmental Secretary concerned
This board will now act as the primary authority for major personnel decisions.
Minimum Two-Year Tenure Made Mandatory
The tribunal also reiterated tenure stability norms for IAS officers.
New Tenure Rule
IAS officers must be allowed to complete minimum two years in one posting, except in specific cases such as:
• promotion
• retirement
• deputation exceeding two months
• exceptional administrative necessity
This is aimed at reducing frequent transfers.
Kerala’s Large IAS Cadre Under Direct Impact
The ruling carries wide implications because Kerala currently has:
• 261 IAS cadre posts
• 126 senior cadre positions
A large number of future appointments may now require stricter procedural compliance.
Government Request Rejected by Tribunal
The state government had requested flexibility to transfer officers who had completed two years without board oversight.
However, CAT rejected this demand.
The tribunal made it clear that even after two years, transfers cannot bypass institutional procedure.
Warning Issued to Chief Secretaries
The tribunal also expressed concern over past administrative deviations.
Strong Message from CAT
Chief Secretaries were cautioned over earlier failures to fully implement tenure and posting rules.
This indicates stricter monitoring of compliance going forward.
Appointments Outside Government Framework Also Tightened
The tribunal further ruled that before appointing officers to commissions or bodies outside standard government departments:
• officer consent must be formally obtained
• willingness must be officially recorded
This adds another layer of procedural accountability.
Why This Order Matters
The ruling may reshape Kerala’s bureaucratic culture by:
• reducing arbitrary transfers
• strengthening tenure protection
• increasing cadre discipline
• limiting non-cadre appointments
Administrative experts view this as one of the most consequential service-related tribunal interventions in recent months.
