Dismissed

P.K.Firos, v. the State of Kerala

Kerala HC11 Jul 2019WP(C)/10262/2019

Case brief

AI extract

What is this about?

The High Court at Ernakulam disposed of a writ petition filed by a petitioner against deputation appointments, noting that prior approval is needed for proceedings under the Prevention of Corruption Act. The petitioner sought permission to withdraw the petition, which was accepted by the court, and the matter was dismissed as withdrawn.

What did the court decide?

The writ petition is dismissed as withdrawn.

P.K.Firos, Vs the State of Kerala — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.UBAID

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THURSDAY, THE 11TH DAY OF JULY 2019 / 20TH ASHADHA, 1941

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WP(C).No.10262 of 2019

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PETITIONER:

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P.K.FIROS, AGED 39 YEARS PK MANZIL, PATHIMANGALAM P.O., KUNNAMANGALAM, CALICUT.

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BY ADVS.

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SRI.S.SREEKUMAR (SR.) SRI.P.E.SAJAL SRI.S.KABEER

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RESPONDENTS:

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1 THE STATE OF KERALA

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REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001

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2 THE DIRECTOR DIRECTORATE OF VIGILANCE AND ANTI-CORRUPTION BUREAU, VIKASBHAVAN - 695 033, THIRUVANANTHAPURAM.

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3 THE VIGILANCE DEPARTMENT REP. BY ITS SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001

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BY ADVS.

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SRI.K.V.SOHAN, STATE ATTORNEY GOVERNMENT PLEADER

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OTHER PRESENT:

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SRI KV SOHAN -STATE ATTORNEY,SRI A RAJESH SPL PP VACB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.10262 of 2019

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J U D G M E N T

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A deputation appointment made by a member

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of the State Cabinet is the subject matter of this writ petition. The writ petitioner, who claims to be a responsible politician, seeks a writ of mandamus directing the Vigilance and AntiCorruption Bureau to register a crime on his complaint. As regards disputes relating to the irregularities or illegalities in appointments in Government service directly or by deputation, this Court has clarified things in Ramesh Chennithala v. State of Kerala (2018 SCC Online Ker 14261). Anyway, the said appointment made by the Minister

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must be an appointment as part of the administrative actions of the State, and for any sort of proceeding under the Prevention of Corruption Act, the prior approval of the

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appointing authority is required. Without obtaining such approval, and without taking the necessary

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WP(C).No.10262 of 2019

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steps required under the law, even to file a complaint, the petitioner approached this Court with a writ petition. It appears that his main grievance is that the Minister has violated the oath of allegiance made by him under the Constitution as a Minister, and the issue regarding appointment appears to be subsidiary.

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2. Now the learned counsel for the writ

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petitioner has filed a memo seeking permission to withdraw the writ petition. Withdrawal cannot be taken to be as silly as the writ petitioner would think. Anyway, when he does not want to prosecute the matter further, the writ petition can be closed.

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The memo is accepted, and accordingly, the

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writ petition is dismissed as withdrawn.

Sd/-

Ds 11.07.2019

P.UBAID JUDGE

WP(C).No.10262 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 COPY OF THE G.O. (MS) NO. 194/2013/GAD DATED 29.06.2013. EXHIBIT P2 COPY OF THE APPLICATION INVITED FOR THE APPOINTMENT OF CANDIDATES TO VARIOUS POST DATED 23.07.2013 EXHIBIT P3 COPY OF THE G.O. (RT) NO. 857/2014/GAD DATED 29.01.12014 WITH ITS TYPED COPY. EXHIBIT P4 COPY OF THE G.O.(RT)NO. 3338/2015/GAD DATED 05.05.2015 EXHIBIT P5 COPY OF THE INVITATION OF APPLICATION ISSUED ON 25.08.2016 WITH ITS TYPED COPY EXHIBIT P6 COPY OF THE LETTER DATED 28.07.2016 ISSUED BY THE MINISTER K.T. JALEEL EXHIBIT P7 COPY OF THE NOTE DATED 29.07.2016 GIVEN BY THE DEPARTMENT OF GENERAL ADMINISTRATION EXHIBIT P8 COPY OF THE G.O. (RT) NO. 5369/2016/GAD DATED 18.08.2016 WITH ITS TYPED COPY EXHIBIT P9 COPY OF THE NOTE DATED 04.08.2016 ISSUED BY THE MINISTER K.T. JALEEL WITH ITS TYPED COPY. EXHIBIT P10 COPY OF THE NOTE DATED 17.08.2016 ISSUED BY THE SECRETARY, DEPARTMENT OF GENERAL ADMINISTRATION WITH ITS TYPED COPY EXHIBIT P11 COPY OF THE G.O. (RT)NO.5369/2016/GAD DATED 18.08.2016

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WP(C).No.10262 of 2019

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EXHIBIT P12	COPY OF THE G.O.(RT)NO.6581/2018/GAD DATED 08.10.2018
EXHIBIT P13	COPY OF THE PRESS RELEASE ISSUED BY THE OFFICE OF THE MINISTER K.T.JALEEL
EXHIBIT P14	COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE SOUTH INDIAN BANK DATED 26.09.2018
EXHIBIT P15	COPY OF THE FILE NOTE OF THE SECRETARIAT DATED 28.09.2018 BY MINISTER K.T. JALEEL
EXHIBIT P16	COPY OF THE RELEVANT PAGE OF THE FILE NOTE DATED 08.10.2018
EXHIBIT P17	COPY OF THE GOVERNMENT ORDER DATED 15/10/2018
EXHIBIT P18	COPY OF THE SALARY SLIP OF THE MR. K.T. ADEEP IN SOUTH INDIAN BANK WITH ITS TYPED COPY
EXHIBIT P19	COPY OF THE APPLICATION FOR ADDITIONAL ALLOWANCE SUBMITTED BY K.T. ADEEP DATED 26/12/2018 WITH ITS TYPED COPY
EXHIBIT P20	COPY OF THE COMPLAINT DATED 03/11/2018 BEFORE THE 2ND RESPONDENT
EXHIBIT P21	COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION DATED 26/12/2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P22	COPY OF THE REPLY DATED 10/01/2019 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT

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WP(C).No.10262 of 2019

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EXHIBIT P23 COPY OF THE APPLICATION DATED 28/01/2019 SUBMITTED BY THE PETITIONER BEFORE THE OFFICE OF THE 3RD RESPONDENT EXHIBIT P24 COPY OF THE REPLY DATED 26/02/2019 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT EXHIBIT P25 COPY OF THE APPLICATION DATED 11/03/2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P26 TRUE COPY OF HE APPLICATIONS DATED 29/06/2019 PRODUCED BEFORE THE HONOURABLE GOVERNOR. EXHIBIT P27 TRUE COPY OF THE APPLICATIONS DATED 29/06/2019 PREFERRED BEFORE THE CHIEF MINISTER. EXHIBIT P28 TRUE COPY OF THE APLICATIONS DATED 29/06/2019 PREFERRED BEFORE THE CHIEF SECRETARY. EXHIBIT P29 TRUE COPY OF THE RELEVANT PAGE OF THE REPLY TO QUERY OF PETITIONER UNDER RIGHT TO INFORMATION DATED 15-05-2019.

P.K.Firos, v. the State of Kerala

Case brief

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P.K.Firos, v. the State of Kerala

Case brief

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