Kochi | The Central Administrative Tribunal (CAT) on Tuesday held that there was "inordinate" and "unjustifiable" delay on the part of the Kerala government in forwarding the vigilance status report of IPS officer Yogesh Gupta to the Centre and directed it to do so within five days of receiving this order.

The Ernakulam Bench of the CAT issued the direction on a plea by Gupta -- presently posted as the DGP of Fire and Rescue Service, Civil Defence and Home Guards, Kerala -- seeking that his vigilance status report be forwarded to the Ministry of Home Affairs (MHA) immediately and disciplinary action be initiated against those who caused the delay.

The bench of judicial member Justice Sunil Thomas and administrative member V Rama Mathew while issuing the direction to the state government, observed that there was "absolutely no valid reason" for not replying to the repeated communications sent by the MHA for the officer's vigilance status report.

"The conduct of respondents nos. 2-4 (state government, chief secretary and secretary of General Administration Department) 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 was for a vigilance status report and column 13 of the report only asked for the pendency of an inquiry, the state government was bound to answer the request in the prescribed format," the tribunal said.

It noted that there was no response to the Centre's request despite a lapse of five months from April when it was first sought.

The state government had claimed that Gupta was facing a confidential inquiry in connection with certain decisions taken by him when he was Director of the Vigilance and Anti-Corruption Bureau (VACB) and since the probe was pending, a vigilance clearance report in respect of him cannot be given.

The CAT said that an analysis of the pleadings and materials on record showed that there were no other factual or legal reasons to refuse to forward vigilance status report, except the pendency of an inquiry.

"The respondents have not projected any sustainable ground for not forwarding the vigilance status report. The vigilance status report being a mere factual report, answering the various facts sought in questions Nos. 1-13 in Annexure A11, including the pendency of any inquiry, under no circumstances can be declined by respondents nos. 2-4," the tribunal said.

It also noted that when Gupta was being considered for the post of State Police Chief, a similar status report regarding any pending criminal or disciplinary proceedings against him were forwarded by the Kerala government to the Union Public Service Commission.

"The pendency of an inquiry cannot be a reason for not forwarding the vigilance status report sought by the Union Ministry," the tribunal added.

It directed that a vigilance status report as sought by the Centre and complete in all respects be forwarded to the MHA "as expeditiously as possible at any rate within 5 (five) clear working days from the date of receipt of a copy of this order"

Gupta had claimed that the delay in sending the report has prevented him from being considered for the post of Director General in various central government posts, earmarked for Central Deputation Reserve (CDR).