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2019 Supreme(Online)(KER) 53205

HIGH COURT OF KERALA
P.K.FIROS – Appellant
Versus
THE STATE OF KERALA – Respondent


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

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