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2018 Supreme(Ker) 921

P.UBAID
Ramesh Chennithala – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T Asafali (Adv.) & Laliza T Y (Adv.)
For the Respondent: P Narayanan (GP)

JUDGMENT :

P.Ubaid, J.

1. An order passed by the Special Court(Vigilance),Thiruvananthapuram on 30.12.2016 forwarding a complaint to the Director of the Vigilance and Anti Corruption Bureau (VACB), Thiruvananthapuram for preliminary enquiry, and also for registering a crime, if found necessary, is under challenge in this petition brought under Article 227 of the Constitution of India. The petitioner was the Home Minister of Kerala in the former Government. The former Government had granted promotion to four Senior Police Officers of IPS rank to the cadre of Director General of Police as per the GO(RT)No.1932/2016/GAD dated 01.03.2016. This order was issued on the basis of a cabinet decision. One of the promotees was posted by the Government as the Director of the VACB, which was a cadre post meant for Director General of Police. The Additional second respondent herein brought a complaint before the court below alleging nepotism, corruption etc, in the said promotion, and also in the posting of the Director of the VACB, and he sought orders for investigation under the Prevention of Corruption Act (PC Act), 1988. The said complaint was filed as CMP No.1153 of 2016, and after hearing th








































































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