CAT directs Kerala govt to submit IPS officer's vigilance report to Centre in 5 days

Thiruvananthapuram, Sep 30 (PTI) The Central Administrative Tribunal (CAT) asked the Kerala government on Tuesday to submit the vigilance report of DGP-rank IPS officer Yogesh Gupta to the Union home ministry within five working days, so that he can be empanelled as a director general at the Centre.

The Ernakulam bench of the tribunal rejected the arguments put forth by the state government, saying the rejoinder filed by it on the officer's petition seeking submission of his vigilance report to the Centre was "couched in vague terms".

During the pendency of the petition, the 1993-batch Indian Police Service (IPS) officer was transferred last week as the commissioner of the Kerala Road Safety Authority from his charge of the DGP (Fire and Rescue Service, Civil Defence and Home Guards).

"We take note of the inordinate delay that has occurred. Hence, we are inclined to direct the respondents Nos. 2 to 4 (Kerala government, chief secretary and GAD) to submit to the Ministry of Home Affairs, Vigilance Status Report as sought in the communications of the Ministry of Home Affairs....

"... (the report should be) complete in all respects and in the prescribed format as expeditiously as possible at any rate within 5 (five) clear working days from the date of receipt of a copy of this order," the bench of Justice Sunil Thomas (judicial member) and V Rama Mathew (administrative member) said in its 26-page order.

It said the rejoinder filed by the state government for not sending the vigilance report of the officer did not "disclose any details of the inquiry, much less, even the bare details".

"The entire point is couched in vague terms. It does not disclose whether the complaint stated to have been received by the state government was a pseudonymous complaint or from any named person. Even in the additional reply statement, the details are not disclosed," it said.

The IPS officer moved the CAT last month, saying the report being held up by the Kerala government in the guise of a purported enquiry against him was nothing but a "sinister motive" to "hinder" his career prospects.

The officer said in his petition that he was "highly aggrieved" by the state government's refusal to forward his vigilance status report to the Centre so that he could be empanelled as a DG there.

Gupta, who is also the president of the Kerala IPS Association, called this delay of about six months "nothing short of arbitrary and malafide exercise of power" by the Kerala government.

The state government, while filing its response in the case, told the CAT that Gupta was facing a "preliminary enquiry" over certain decisions taken by him during his tenure as the director of the vigilance and Anti-Corruption Bureau (ACB) of Kerala and hence, it was not in a position to issue the vigilance clearance to him.

The officer has earlier worked at the Centre in two probe agencies -- the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

As the head of the ED's eastern region at Kolkata, Gupta led investigations into some high-profile cases, including the Saradha, Rose Valley and Narada "scams", and completed attachment of assets worth more than Rs 14,000 crore during his tenure.

He was also credited with securing the first two money-laundering convictions of the ED that came in 2017.

The CAT order said there was "absolutely no valid reason" (on the part of the Kerala government) for not replying to the repeated communications sent by the Ministry of Home Affairs (MHA) seeking Gupta's vigilance status report.

"The conduct of respondents (state government, chief secretary and GAD) in not forwarding the vigilance status report and even not responding to the repeated communications is not at all justifiable.

"Since the limited request of the Union government is for a vigilance status report and column 13 of the report only asks for the pendency of an inquiry, the state government is bound to answer the request in the prescribed format," it said.

The officer had informed the tribunal that the purported enquiry against him was only a camouflage, with an "ulterior" motive to "hinder" his career prospects.

The CAT order said the respondents have not projected any "sustainable" ground for not forwarding the vigilance status report.

Gupta had also informed the tribunal that he was among the three IPS officers of Kerala who were recently shortlisted by the Union Public Service Commission (UPSC) for appointment as the DGP in the southern state and his vigilance report was sent by the state government to the panel.

The state government contested Gupta's argument, saying it sent a report on him to the UPSC only for convening the meeting of the empanelment committee as he was in the zone of consideration.

"The details forwarded as part of selection process to the post of state police chief cannot be considered for empanelling the applicant to hold DG-level posts at the Centre," the Kerala government said in its rejoinder to his application.

The CAT rejected this argument of the Kerala government, saying the Centre has only sought the same status report as sent during the Kerala DGP's appointment and not the inquiry report, and the pendency of the inquiry "cannot be a reason" for not forwarding the vigilance status report sought by the MHA. PTI NES RC