The state government has suffered back-to-back setbacks at the Central Administrative Tribunal (CAT) with the tribunal directing the government to submit the vigilance status report of Kerala IPS officer Yogesh Gupta to the Ministry of Home Affairs on Tuesday, which it had withheld for months. 

Taking note of the inordinate delay, the tribunal has directed the Chief Secretary to submit the vigilance status report to the Union Ministry within five days.

Recently, the CAT deferred the transfer order of IAS officer B Ashok and expressed displeasure over the manner in which the government hastily issued a transfer when a stay was already in effect. 

The government recently appointed Gupta as the Road Safety Commissioner, removing him as the Director General of the Fire & Rescue services. Earlier, he was allowed to function as the Director of the Vigilance and Anti-Corruption Bureau only for eight months.

The CAT comprising Justice Sunil Thomas and administrative member V Rama Mathew issued the order based on a petition filed by Yogesh Gupta alleging considerable delay on the part of the government in forwarding his vigilance status report to the Ministry of Home Affairs. The Union Ministry sought the report to consider Gupta for the post of Director General in various central government posts earmarked for the Central Deputation Reserve (CDR).

It was in December 2024 that the Union Ministry directed the Chief Secretaries of all states to forward nominations of IPS officers for the CDR. Gupta told the tribunal that he stands empanelled as ADGP at the centre and he was being actively considered for being posted as DGP at the centre. 

In April 2025, the Home Ministry sought a vigilance status report and his profile from the government. The State police chief forwards the vigilance status report to the Chief Secretary for being routed to the Ministry of Home Affairs. While the police chief forwarded the report in May 2025, the government did not forward the report to the centre. 

The Ministry sent reminders five times, but the letters were not replied to by the government, the petition showed. When he filed an RTI application seeking the information on request from the centre and details of the vigilance profile, he was told that the information could not be furnished since it was confidential. 

In response to the petition, the Government told the CAT that Yogesh Gupta was facing an inquiry over certain decisions taken during his tenure as the Director,VACB. It was contended that the government was not in a position to issue a vigilance clearance report until the inquiry concluded. The government presented files related to inquiry in a sealed cover and stated that divulging the content will jeopardise the ongoing inquiry. 

The tribunal noted that in the statement, the details of the inquiry were not disclosed, and the tribunal considered whether the pendency of an inquiry is a valid reason for not submitting the details sought by the centre. It also differentiated between the vigilance clearance report and the vigilance status report and concluded that the Home Ministry had sought the vigilance status report and not a clearance report. 

Advocate Girija K Gopal, who appeared for Yogesh Gupta had pointed out that recently, Yogesh Gupta and two other senior officers of Kerala Police were shortlisted for consideration as the State Police Chief. A vigilance report indicating that there was no inquiry pending against him was also submitted. 

The tribunal noted that the pendency of the inquiry cannot be a reason for not forwarding the vigilance status report.