KOCHI (Friday, March 6, 2026) — In a landmark 112-page judgment, the Central Administrative Tribunal (CAT), Ernakulam Bench, ruled that the post of Excise Commissioner in Kerala is an IAS cadre post and cannot be held by non-IAS officers. The tribunal’s decision, delivered by Judicial Member Justice Sunil Thomas and Administrative Member V. Rama Mathew, mandated that if such cadre posts are held by non-IAS or retired IAS officers, they “shall stand removed forthwith.”
Impact on Current Leadership
The ruling directly affects the current administrative setup of the Kerala government, particularly the tenure of senior IPS officer M.R. Ajith Kumar.
- Removal of ADGP M.R. Ajith Kumar: The tribunal specifically declared the appointment of current Excise Commissioner M.R. Ajith Kumar—an IPS officer—as illegal. He must be removed from the post immediately, and the position must remain vacant until a serving IAS officer is appointed.
- Wider Administrative Reshuffle: Beyond the Excise Department, the CAT identified several other key institutions where appointments were found to be in violation of the IAS (Cadre) Rules, 2014:
- IMG Director General: Currently held by Tinku Biswal (serving IAS), but the tribunal criticized the previous “clandestine redesignation” that allowed retired IAS officer K. Jayakumar to hold a similar role.
- KILA Director: The post of Director at the Kerala Institute of Local Administration was also declared an IAS cadre post. The appointment of Joy Elamon (a non-IAS officer) was questioned.
Key Judicial Observations
The CAT’s order came following a petition by the Kerala IAS Association, which alleged that the state government was bypassing cadre rules for political reasons.
| Issue | Tribunal’s Observation |
| Excise Role | The Excise Commissioner manages revenue and administration under the Taxes Department, functions that are not exclusive to police expertise. |
| Cadre Integrity | Filling cadre posts by renaming or redesignating them is a “fraud on the law” and a “colourable exercise of executive functions.” |
| Civil Services Board | The state must convene the Civil Services Board (CSB) for all IAS transfers and postings, a practice the petitioners alleged had been dismantled since 2015. |
| Minimum Tenure | Re-emphasized the Supreme Court’s mandate that civil servants should generally be given a two-year minimum tenure to ensure stability. |
Quashed Transfer Orders
The tribunal also quashed three specific transfer orders involving senior IAS officers, including that of Dr. B. Ashok, who currently serves as the Agricultural Production Commissioner and Principal Secretary. The bench ordered that these officers be restored to their previous positions if the 2014 rules were not followed during their shifting.
Sources
- Press Trust of India (PTI): “Kerala Excise Commissioner post should be filled with IAS officer: CAT” (March 6, 2026)
- The New Indian Express: “CAT: Kerala Excise commissioner post only for IAS officers” (March 7, 2026)
- Onmanorama: “CAT censures govt for appointing IPS officers as excise commissioners” (March 6, 2026)
- Kerala Kaumudi: “Setback for govt; CAT intervenes in transfer of IAS officers” (March 6, 2026)
- The Hindu: “Non-IAS officers must not be posted in cadre posts, says CAT” (March 6, 2026)