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
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['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
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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
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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
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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
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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