Setback to Kerala govt in standoff with senior IPS officer, who faced 8 transfers in 4 years

Upon the petition of the senior most IPS officer in Kerala, the CAT’s Kochi Bench Tuesday had directed the state government, represented by the chief secretary, to forward his vigilance status report to the Union Government within five days. The Bench said: “There is absolutely no valid reason for not replying to repeated communications sent by the Union Ministry of Home Affairs. The conduct of Respondents (the chief secretary, the secretary, general administration) in not forwarding the vigilance status report and even not responding to the repeated communications is not at all justifiable”.

In April 2024, the central government had sought a vigilance status report and profile of Gupta from the Kerala Chief Secretary for consideration for the position of DG in various central government agencies such as the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

Although his annual performance appraisal report (APAR) of the last 10 years is available, it is mandatory for the state government to forward the vigilance report to the Centre. Since the Kerala government did not respond to its request, the Union Home Ministry sent five reminders to the state seeking the report.

Although the state police chief submitted the vigilance status report to the chief secretary in May this year, it wasn’t forwarded to the Union Government.

Incidentally, when Gupta, who has service up to 2030, was considered for the post of state police chief recently, the state had forwarded his vigilance clearance report to the UPSC. Since the government handpicked Ravada Chandrasekhar as the new state police chief in July this year, Gupta has been keen to go on central deputation, but the government did not provide the vigilance status report necessary to facilitate this.

“Since the Vigilance Status Report has already been prepared and sent by the State Government for the said purpose, for a similar report for empanelment purpose, there was no reason to refuse to forward it or delay the request of the Union Government,” Gupta said.

Gupta then filed an application under the right to information act in June this year, seeking the particulars regarding the request made by the central government and the details of his vigilance profile. However, the particulars were not shared citing their confidential nature.

The government told the CAT that a vigilance probe is pending against Gupta. However, the CAT Bench in Kochi said: “Analysis of the pleadings and materials on record show that there is no other factual or legal reason to refuse to forward vigilance status report, except the pendency of inquiry. The respondents (chief secretary and others) have not projected any sustainable ground for not forwarding the vigilance status report. Pendency of inquiry cannot be a reason for not forwarding the vigilance status report sought by the Union Ministry,” it said.

The probe he is facing is related to decisions taken during his term as the director of VACB. According to the government submission, he was facing probe for having ordered vigilance probe on “pseudonymous complaints, ordering probe against certain officials without getting sanction from the government”. Gupta told the CAT that all the preliminary vigilance probes were held pursuant to court orders.

Gupta, who had earlier served with the CBI and the ED, had apparently turned persona non grata for state government for having ordered a preliminary inquiry against party leader from Kannur P P Divya, who had got embroiled in the suicide of an additional district magistrate last year during her term as president of the district panchayat.

Besides, when the High Court ordered a CBI probe — later stayed by the Supreme court — against the Chief Minister’s principal secretary, Dr K M Abraham, in an alleged disproportionate assets case, the VACB had shared files from the case that was previously probed by the state agency.