Disposed

Asha Jose v. State of Kerala

Kerala HC6 Oct 2021WP(C)/7023/2021

Case brief

AI extract

What is this about?

The Court permitted the petitioner to submit a representation to expunge adverse comments made by the Vigilance Department regarding her competency, directing the Additional Chief Secretary to consider it within two months.

What did the court decide?

Petitioner permitted to submit representation to expunge adverse comments within 15 days; Additional Chief Secretary directed to dispose of it within two months.

Asha Jose Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2021)

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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 SUNIL THOMAS

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WEDNESDAY, THE 6^TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943

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WP(C) NO. 7023 OF 2021

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PETITIONER:

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ASHA JOSE AGED 40 YEARS W/O.SANTHOSH KUMAR, MANJU NIVAS, KOTTAPURAM P.O., VIZHINJAM, THIRUVANANTHAPURAM - 695 521, FORMERLY EMPLOYED AS CHIEF EXECUTIVE OFFICER, KERALA ADVENTURE TOURISM PROMOTION SOCIETY (KATPS), VAZHUTHACAUD P.O., THIRUVANANTHAPURAM - 695 014.

BY ADV M.SREEKUMAR

RESPONDENT/S:

STATE OF KERALA

REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF TOURISM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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OTHER PRESENT:

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GP V.VENUGOPAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC No.7023/2021

JUDGMENT

Petitioner has approached this Court aggrieved by the adverse comments made by the Vigilance Department against her. It is seen that the petitioner, who was the Chief Executive Officer of the Kerala Adventure Tourism had earlier approached this Court by challenging her termination. It emerges that, in the course of hearing of that Writ Petition, it was disclosed that, she was permitted to continue pursuant to the report of the vigilance casting aspersions on her conduct. This led to Ext.P8 judgment, by which, petitioner was directed to take appropriate action in the light of Ext.P8 order mentioned therein which was a letter dated 26.05.2016 of the Additional Chief Secretary to the Government, Vigilance Department to the Secretary to Government, Tourism department.

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It seems that the basis of that communication is Exts.P7 and P7(b), in which, it is seen that, certain adverse comments touching upon the competency of the petitioner to continue her service was made. Definitely, such comments can affect the career prospects of any person. Learned counsel for the petitioner vehemently attacking the above comments contended that neither the Vigilance Department has got any power to make such observation nor it is competent to decide on the eligibility or the qualification of any person. This prima facie is beyond their jurisdiction, it was contended. Learned counsel further contended that, such comments were made without giving an opportunity of being

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WPC No.7023/2021

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heard to the petitioner.

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Having considered this, I am inclined to dispose of the Writ Petition by permitting the petitioner to submit representation before the Additional Chief Secretary to the Government who is in-charge of the Vigilance Department to expunge the comments in Exts.P7 and P7(b), to the extent it cast aspersions on the competency of the petitioner to hold any public post. The above representation shall be submitted by the petitioner within 15 days from the date of receipt of a copy of this judgment. There will be a direction to the Additional Chief Secretary, who is in charge of the vigilance, to consider her application and dispose it of as expeditiously as possible, at any rate, within a period of two months from the date of receipt of such representation, after reserving opportunity to the petitioner of being heard either personally or onlie. A copy of this order shall be submitted by the learned counsel for the petitioner along with the representation. Issue copy to the Government Pleader for being transmitted to the Additional Chief Secretary (Vigilance).

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Writ Petition is disposed of as above.

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Sd/-

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SUNIL THOMAS JUDGE

Sbna/-

WPC No.7023/2021

PETITIONER EXHIBITS	APPENDIX OF WP(C) 7023/2021
EXHIBIT P1	TRUE COPY OF DEGREE CERTIFICATE DATED 23/1/2002 ISSUED FROM THE UNIVERSITY OF KERALA TO THE PETITIONER.
EXHIBIT P2	TRUE COPY OF DEGREE CERTIFICATE IN MASTER OF BUSINESS ADMINISTRATION DATED 21/8/2003 ISSUED FROM MANONMANIAM SUNDARANAR UNIVERSITY TO THE PETITIONR.
EXHIBIT P3	TRUE COPY OF ORDER G.O.(RT) NO.2772/2013/TSM DATED 6/4/2013.
EXHIBIT P4	TRUE COPY OF ORDER G.O.(RT) NO.198/2016/TSM DATED 23/5/2016.
EXHIBIT P5	TRUE COPY OF ORDER G.O.(RT) NO.317/2016/TSM DATED 6/10/2016.
EXHIBIT P6	TRUE COPY OF ORDER OF THIS HON'BLE COURT IN WP(C) NO.33615/2016 DATED 20/10/2016.
EXHIBIT P7	TRUE COPY OF LETTER NO.5683/E2/2016/VIG. DATED 26/5/16 ISSUED FROM THE ADDITIONAL CHIEF SECRETARY TO THE RESPONDENT.
EXHIBIT P7(A)	TRUE COPY OF LETTER NO.E16(QV 19/15/SIU I) 20367/15 DATED 11/5/2016 FROM THE DIRECTOR, VIGILANCE & ANTI-CORRUPTION BUREAU, THIRUVANANTHAPURAM TO THE ADDITIONAL CHIEF SECRETARY, VIGILANCE DEPARTMENT.
EXHIBIT P7(B)	TRUE COPY OF FORWARDING ENDORSEMENT NO.QV 19/2015/SIU-I DATED 12/4/2016 FROM THE SUPERINTENDENT OF POLICE, VIGILANCE & ANTI- CORRUPTION BUREAU, SPECIAL INVESTIGATION UNIT-I, THIRUVANANTHAPURAM ALONG WITH QUICK VERIFICATION REPORT DATED 18/3/2016.
EXHIBIT P8	TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.33615/2016 DATED 13/12/2017.
EXHIBIT P9	TRUE COPY OF ORDER (LETTER) NO.F4-19813/2013 DATED 5/8/2014.

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WPC No.7023/2021 5

Asha Jose v. State of Kerala

Case brief

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Asha Jose v. State of Kerala

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