Thiruvananthapuram: In a move raising significant legal and administrative eyebrows, the Kerala state government has once again transferred senior IAS officer B Ashok, ignoring a Central Administrative Tribunal (CAT) stay order that had directed him to continue in his current posts.
This marks Ashok’s third transfer in the past nine months, with the latest government order (GO) issued on Monday evening, just a day before the matter was scheduled for hearing before the CAT’s Ernakulam bench.
Latest Posting Amid Pending Legal Challenge
According to the fresh order, Tinku Biswal has been appointed Principal Secretary of the Local Self Government Department, replacing Ashok. Meanwhile, Ashok, who currently serves as Agricultural Production Commissioner and holds additional charge as Principal Secretary of Agriculture, has been transferred as Principal Secretary, Personnel and Administrative Reforms Department. The new posting will take effect from September 17.
However, the transfer directly contradicts the interim stay issued by the CAT on September 9, which clearly directed that B Ashok should continue in his existing roles until further notice. The matter is listed for hearing on September 16.
Govt Justifies Move, Says Legal Advice Taken
The General Administration Department (GAD) defended the transfer, stating that it was made only after obtaining legal consultation.
“If the tribunal rules in favour of Ashok, this order will be cancelled,” a senior GAD official was quoted as saying. “The Chief Secretary sought legal opinion before finalising the order.”
This defense has done little to quell criticism, as the timing of the transfer, issued just one day prior to the tribunal hearing, is being viewed by many as an act of defiance or an attempt to pre-empt judicial oversight.
Contradictions in Govt’s Own Legal Stand
What further complicates the situation is that the government’s new order contradicts its own position in a reply affidavit filed before the CAT. In that statement, the state requested the tribunal to vacate the stay order and declare Ashok’s deputation to the Kerala Transport Development Finance Corporation (KTDFC) as lawful.
The government had cited a Supreme Court judgment warning against interim orders that could disrupt ongoing administrative functions, arguing that the CAT’s stay was granted without fully considering the state’s position.
Legal and Administrative Implications
The incident raises serious questions about the limits of executive power in defying judicial orders, and whether such moves erode the authority of statutory bodies like the CAT.
It also brings into focus the frequent reshuffling of senior IAS officers in Kerala, which some observers say risks undermining administrative continuity and morale within the bureaucracy.
With the matter now set for hearing at the CAT, the government may be forced to roll back the transfer depending on the outcome, a move that would further highlight the administrative tug-of-war.
