The Central Administrative Tribunal (CAT), Ernakulam bench, has taken strong exception to the manner in which the state government issued an order to transfer Kerala IAS officer B Ashok, even when the stay was in effect. The tribunal expressed displeasure, saying that the government tried to bypass the CAT's order.

While considering the case on Tuesday, the CAT bench comprising Justice Sunil Thomas and Rama Mathew remarked that the government was well within its authority to withdraw an order and to transfer any civil servant in accordance with the guidelines and rules but the order issued on September 15 was improper. 

The General Administration Department issued an order on Monday evening transferring Ashok to the Personnel and Administrative Reforms Department and posting Tinku Biswal in the Local Self-Government Department. This came as a surprise since the case was scheduled for hearing on Tuesday. Strangely, as though anticipating a remark from the CAT, the GAD order said that it will be effective from September 17.

The tribunal observed that the government's decision to transfer Ashok when the order of stay was in force and pre-empting that the stay will be vacated on Tuesday does not appear to be proper. "Issuing such an order, without the leave of the tribunal when the matter was pending before the CAT and is under a stay, which virtually may have the propensity of bypassing the order, is not appreciated by us," the CAT order noted.

The CAT has ordered that the interim stay issued on September 9 will continue till the next posting date. The transfer order issued on Monday was also deferred till the next date of posting. This means that B Ashok will continue to remain in his post as the Agricultural Development Commissioner. The case has been posted for September 22 for the final hearing. 

Advocate Girija K Gopal who appeared for B Ashok told the court on Tuesday that the order issued by the government on September 15 was illegal and not sustainable and it was subjudice. The counsel also sought time to file an amendment application challenging the latest government order. The Advocate General submitted that in light of the order issued by the government on September 15, the petition of Ashok became infructuous and that it should not have been entertained at the threshold. 

Ashok had moved the CAT challenging the order issued by the government on August 30, appointing him as the KTDFC MD. Tinku Biswal was posted as the Agricultural Production Commissioner and was given additional charge of the Agriculture department and Principal Secretary, Transport department. Considering the petition filed by Ashok, the CAT comprising Justice Sunil Thomas and member V Rama Mathew directed on September 9 that the operation of the government order on transfer will be stayed till September 16 (case posting date) and consequently, Ashok will hold the posts held by him prior to the issuance of the order