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2019 Supreme(Ker) 862

K.VINOD CHANDRAN, V.G.ARUN
State of Kerala Rep. by Secretary, Local Self Government Department – Appellant
Versus
Babu Prasad B. S/o K. N. Balakrishnan – Respondent


Advocates:
Advocate Appeared:
For the Respondents: Sri. M. Sasindran, Sri. Antony Mukkath.

JUDGMENT :

V.G. ARUN, J.

1. The original petition is filed by the State of Kerala and its officers, aggrieved by Exhibits P5 and P9 orders of the Kerala Administrative Tribunal, in O.A. (EKM) No. 350 of 2018 filed by the respondent herein. The original application was filed, aggrieved by curtailment of the applicant's right to be included in the zone of consideration for promotion to the post of Assistant Director in the Local Self Government Department. An encapsulation of the facts in the writ petition is as follows:

    The applicant, while working as Secretary of Kakkodi Grama Panchayat, was included in Annexure A1 seniority list of Special Grade Secretaries. Under Annexure A2 notification dated 22.12.2017, promotions were effected from Annexure A1, superseding the applicant, by reason of a vigilance case pending against him. The vigilance case (FIR No. 3/2014 of VACB, Kozhikode) was registered on 17.2.2014 against the applicant and six others for offences under Sections 13(1)(d) read with 13(2) of the Prevention of Corruption Act and Sections 466, 468, 471, 477A and 120B of IPC. The allegation was that the applicant, while working as the Secretary of Olavanna Grama Panchayat, entered

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