CAT orders IAS officer B Ashok to continue as Agriculture Principal Secretary

Advocate Girija K Gopal, the counsel for Ashok, argued that the post at the Local Self Government Reforms Commission, to which the applicant was being deputed, is not equivalent to the position of Principal Secretary.
IAS officer B Ashok
IAS officer B Ashok(File Photo)
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KOCHI: The Central Administrative Tribunal (CAT), Ernakulam on Friday ordered B Ashok IAS to continue as principal secretary to the Government (Agriculture) and as Agricultural Production Commissioner.

The decision overrules the order of the state government to appoint him as the head of the newly constituted Local Self Government Reforms Commission.

The Bench, comprising Justice K Haripal and Member V Rama Mathew, issued the order after Ashok, a 1998-batch officer, moved a petition with CAT challenging the government order appointing him as the head of the newly constituted Local Self Government Reforms Commission.

During the hearing, the government pleader submitted that Tinku Biswal, Revenue Secretary, has been given the additional charge of Principal Secretary to the Government (Agriculture) and Agricultural Production Commissioner. However, the CAT Bench directed Ashok to continue in his current role.

Advocate Girija K Gopal, the counsel for Ashok, argued that the post of Local Self Government Reforms Commission, to which the applicant was being deputed, is not equivalent to the position of Principal Secretary.

The State Government's determination of equivalence lacked proper consideration of the nature and responsibilities of the posts.

Furthermore, the decision was made without formally constituting the Commission or determining its staff structure, including the fact that it should be led by an officer of Principal Secretary rank.

The appointment order was issued as a forced or mandatory deputation, compelling the applicant to leave his cadre post without obtaining his consent.

The order also violated the mandatory requirements of the All India Services (Cadre) Rules, 1954, the Consolidated Deputation Guidelines for All India Services, and the Indian Administrative Services (Pay) Rules, 2016, as well as binding judicial precedents.

Therefore, the Tribunal found the order liable to be set aside.

Ashok has been serving the state government in various capacities, including a central deputation with the Union Government.

Since January 1, 2023, he has been serving as principal secretary to the Government (Agriculture) and Agricultural Production Commissioner.

He also holds additional charges as vice chancellor of Kerala Agricultural University, managing director of KABCO, and project director of KERA, as assigned by competent authorities.

His 26-year career in the Indian Administrative Service has been marked by unblemished and meritorious service in various important assignments within the State Government, the counsel argued.

Ashok also contended that the role of the Local Self Government Reforms Commission would involve critically analysing various state and central government policies.

Consequently, the commission's report could potentially constitute misconduct, thereby adversely affecting his career prospects.

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