This Court dismissed a writ petition seeking a CBI enquiry into alleged examination paper leakage in a KPSC recruitment. The Court noted a prior vigilance enquiry found allegations unsustainable and the petitioner failed to produce the report.
The writ petition seeking a CBI enquiry is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937
WP(C).No. 10172 of 2004 (J)
PETITIONER :
SANGEETH M.V. S/O.LATE M.K.KARUNAKARAN, 'SANGEETH', NEAR OLACHERRY KAVU, TALAP, KANNUR -1.
BY ADV. SRI.KALEESWARAM RAJ
RESPONDENT(S):
1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY SECRETARY,
KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM.
2. CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM.
3. VIGILANCE OFFICER, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM.
4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KANNUR.
5. THE CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY SUPERINTENDENT OF POLICE,
C.B.I., KOCHI.
6. THE SUPERINTEDNENT OF POLICE, KANNUR.
*ADDL.R7: P.V.SURESHAN,S/O.KRISHNAN NAIR, KUNNATH KIZHAKEYIL HOUSE, NANIYOOR NAMBRAM, KOLACHERI POST, KANNUR DISTRICT.
*ADDL.R8: P.V.RAJAN, KUNNATH KIZHAKEYIL HOUSE, NANIYOOR NAMBRAM, KOLACHERI POST, KANNUR DISTRICT.
2/-
-2-
WP(C).NO.10172/2004
*ADDL.R9: REEJA BAI THUMBOL,W/O.RAJAN, KIZHAKEYIL HOUSE, NANIYOOR NAMBRAM, KOLACHERI POST, KANNUR DISTRICT.
*ADDL.R10: NAVYA KARAYIL, KARAYIL HOUSE, KOTTALI, KANNUR DISTRICT.
*SUPPLEMENTAL RESPONDENTS 7 TO 10 ARE IMPLEADED AS REPRESENTING THE PERSONS INCLUDED IN THE RANK LIST PUBLISHED BY KPSC FOR THE POST OF LD CLERK IN VARIOUS DEPARTMENTS IN KANNUR DISTRICT PURSUANT TO EXT.P2 SHORT LIST AS PER ORDER DATED 16/8/04 IN IA.NO.10439/04.
R1 TO R4 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC R5 BY P.CHANDRASEKHARA PILLAI,SC, CBI ADV. SRI.S.SREEKUMAR, SC FOR CBI R6 BY GOVERNMENT PLEADER SMT. CK.SHERIN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).NO.10172/2004
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
K. VINOD CHANDRAN, J
Dated this the 02nd day of June, 2015
J U D G M E N T
The petitioner seeks for a CBI enquiry into the alleged
leakage of examination papers in an examination conducted by the Kerala Public Service Commission to the post of Lower Division
Clerk in various departments in Kannur District.
indicating that the Public Service Commission had conducted an
WPC.No.10172/2004
: 2 :
enquiry through the Vigilance Department and the allegations were found to be unsustainable. The Chairman having considered the report accepted the same and a rank list was also published in pursuance of the examination.
rank of a Superintendent of Police in the General Executive Branch of Kerala Police. The Chairman of the Public Service Commission on the basis of the report of the Vigilance Commissioner found the allegation to be unsubstantiated.
WPC.No.10172/2004
: 3 :
attempted to obtain a copy of the report and produce it before
Court. The writ petition has been pending before Court from 2004 onwards and at this distance of time, there would be absolutely no
reason why a CBI enquiry should be initiated, against an alleged malpractice, in an examination, which was enquired into and found to be without basis. The candidates who were successful in
the examination were subsequently appointed and had been continuing all these years..
For all the above reasons writ petition would stand
dismissed.
Sd/(K. VINOD CHANDRAN, JUDGE)
jma //true copy///
P.A to Judge
2 issues framed by the court
Whether a CBI enquiry should be initiated into alleged leakage of examination papers after a vigilance enquiry found allegations unsustainable.
Whether there is a basis to allow a fresh writ petition after the petitioner previously approached this Court without producing the vigilance report.
SANGEETH M.V.
KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY SECRETARY
CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM.
VIGILANCE OFFICER, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM.
THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KANNUR.
THE CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY SUPERINTENDENT OF POLICE, C.B.I., KOCHI.
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
