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2019 Supreme(Online)(KER) 53205

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.UBAID

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

WP(C).No.10262 of 2019

PETITIONER:

P.K.FIROS, AGED 39 YEARS

PK MANZIL, PATHIMANGALAM P.O.,

KUNNAMANGALAM, CALICUT.

BY ADVS.

SRI.S.SREEKUMAR (SR.)

SRI.P.E.SAJAL

SRI.S.KABEER

RESPONDENTS:

1

THE STATE OF KERALA

REP. BY CHIEF SECRETARY, GOVERNMENT

SECRETARIAT, THIRUVANANTHAPURAM - 695 001

2

THE DIRECTOR

DIRECTORATE OF VIGILANCE AND ANTI-CORRUPTION

BUREAU, VIKASBHAVAN - 695 033,

THIRUVANANTHAPURAM.

3

THE VIGILANCE DEPARTMENT

REP. BY ITS SECRETARY, GOVERNMENT SECRETARIAT,

THIRUVANANTHAPURAM - 695 001

BY ADVS.

SRI.K.V.SOHAN, STATE ATTORNEY

GOVERNMENT PLEADER

OTHER PRESENT:

SRI KV SOHAN -STATE ATTORNEY,SRI A RAJESH SPL

PP VACB

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

11.07.2019, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

WP(C).No.10262 of 2019

-2-

Advocates:
['SRI S SREEKUMAR SR', '', 'SRI S KABEER', 'SRI P E SAJAL', 'SRI K V SOHAN', 'STATE ATTORNEY', 'GOVERNMENT PLEADER']

A deputation appointment made by a member

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 Anti-

Corruption 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

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

appointing authority is required. Without obtaining

such approval, and without taking the necessary

-3-

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.

2.

Now the learned counsel for the writ

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.

The memo is accepted, and accordingly, the

writ petition is dismissed as withdrawn.

Sd/-

P.UBAID

Ds 11.07.2019

JUDGE

-4-

APPENDIX

PETITIONER'S/S EXHIBITS:

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

-5-

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

-6-

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

HONOURABL

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