Kochi: In a significant setback for the Kerala government, the Central Administrative Tribunal (CAT) on Tuesday directed the state to issue a vigilance clearance certificate to senior IPS officer DGP Yogesh Gupta within five days. The order paves the way for Gupta’s central deputation, which he had sought following a strained relationship with the state administration.
The CAT’s Ernakulam bench issued the directive after Gupta filed a petition alleging that the state government was deliberately withholding the clearance necessary for his appointment to a central government post. The Union Home Ministry had repeatedly requested the clearance from the state, but the requests were not acted upon.
Gupta’s plea for a central deputation came after a tumultuous period in the state cadre, during which he was transferred seven times in the last three years. His most recent posting was as the Road Safety Commissioner last week.
His previous assignments included Managing Director of the Kerala State Beverages Corporation (BEVCO), Director of the Kerala Police Academy, Additional Director General of the State Crime Records Bureau, and head of the Vigilance and Fire and Rescue Services departments.
These frequent transfers contravene a Supreme Court directive that civil service officers should have a minimum tenure of two years in a single post to ensure stability and effective administration. According to regulations, any deviation from this rule requires approval from the Civil Services Board, a procedure often overlooked, as noted in the petition.
The state government had contended before the tribunal that Gupta was facing a preliminary inquiry over decisions made during his tenure as Vigilance Director, and therefore, clearance could not be issued until the inquiry concluded. However, the tribunal noted that details of the inquiry were not disclosed and questioned whether a pending inquiry was a valid reason to withhold the information sought by the central government.
Despite requests to the Chief Minister, Gupta’s plea to be relieved from the state cadre for a central posting was not approved, prompting him to seek legal recourse. The tribunal’s decisive order now clears the path for his deputation.
