IPS officer moves CAT for release of his vigilance report by Kerala govt

Thiruvananthapuram | IPS officer and former Kerala vigilance chief Yogesh Gupta has moved the Central Administrative Tribunal (CAT) seeking release of his vigilance report so that he can be timely empanelled as a director general at the Centre.

The 1993-batch Indian Police Service (IPS) officer has said holding of the report 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 is currently serving as the DGP (Fire & Rescue Service, Civil Defence and Home Guards). He has earlier worked at the Centre in two investigative agencies -- the CBI and the 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 the Narada "scams".

The officer moved CAT's Ernakulam Bench last month after being "highly aggrieved" by the refusal of the state government to forward his vigilance status report to the Centre so that he can be empanelled as a DG there.

Gupta, also the president of the Kerala IPS Association, called this delay of about six months as "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 vigilance and Anti-Corruption Bureau (ACB) of the state and hence, it was not in a position to issue vigilance clearance to the officer.

The CAT has reserved its final order in the case.

Girija K Gopal, the officer's counsel, told the CAT that this was a "roving" enquiry into "vague" allegations and not on any definite charge against her client.

"The purported enquiry is only a camouflage with an ulterior motive to hinder the career prospects of the officer," Gupta told the tribunal through the lawyer.

The officer submitted to the CAT that he has had an "unblemished" record of service and has received the highest grade of "outstanding" in his Annual Performance Appraisal Reports (APARs) for the last 15 years.

This was a testimony to his "impeccable integrity, exemplary conduct and top notch quality of work", the officer said.

Calling the state government's indefinite delay in forwarding his vigilance report to the Centre an act done with "ulterior motives" and "patently unjust and illegal", Gupta said he was being denied his due despite the Kerala DGP sending a clear vigilance report for him to the state government in May.

The officer said refusal to send his vigilance report was a "typical example of manifestation of non-feasance from the part of government officials who are required to uphold accountability and transparency which is crucial to ensure effective governance."

Gupta informed the CAT that sending a vigilance status report of an officer by the state to the Centre was not a time-consuming affair and it required only a cross verification of ten years' details regarding punishments awarded to the officer, allegations of misconduct involving vigilance angle and pendency of disciplinary and criminal proceedings or chargesheet.

He also contended that he was among the three IPS officers of Kerala who were recently shortlisted by the UPSC for appointment as the state DGP and his vigilance report was sent by the state government to the panel.

"When vigilance status report of the applicant has already been prepared and sent by the state government recently for the purpose of selection to the post of state police chief, for a similar report for empanelment purpose there is absolutely no rhyme or reason to refuse forwarding of the same, or a similar report in respect of the applicant for being empanelled as Director General at the Centre," he said.

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.

Gupta said "willful" withholding of vigilance clearance by the state government was nothing short of harassment meted out to an All India Service officer, solely with a view to "stall" his career prospects of serving under the central government and "weaponise it to create a pliant bureaucracy".

A senior Kerala government officer said such cases should be dealt in a professional manner as delays demoralise bureaucrats. Both the IPS Association president (Gupta) and IAS Association president B Ashok of Kerala have gone to CAT for the redressal of their grievances.