Kerala High Court Quashes Special Judge's "Unwarranted Remarks" Against IAS Officer, Says Unnecessary Enquiries Blemish Public Servant's Career

The Kerala High Court recently criticised the "casual approach" of a Special Judge appointed under the Prevention of Corruption Act for wrongly making adverse observations against an IAS officer, then serving as the Additional Chief Secretary in the State's Revenue department.Single bench of Justice K. Babu observed that “A special Judge functioning under the PC Act must be conscious of his responsibilities and obligations. Even an unnecessary preliminary enquiry may cause a blemish in the career of a public servant." In the present case, the Special Judge "did not comprehend the pleadings" and had "proceeded on the assumption" that the complainant had raised allegations against the then Additional Secretary whereas, the allegations regarding dereliction of duty were levelled by the complainant against the then Chief Secretary.The complainant, then a Deputy Collector, had submitted that A Jayathilak, the then Additional Chief Secretary (Revenue) had forwarded the proposal for his promotion along with integrity certificate before Chief Secretary VP Joy but the Chief Secretary failed to submit his proposal before the UPSC Selection Committee. Thereafter, some officials of the departments of Revenue and General Administration demanded illegal gratification from him.Before the High Court, the complainant appeared in person and admitted that he had not raised any allegation against IAS officer Jayathilak.It is in this backdrop the High Court criticised the "light and casual approach" of the Special Judge in dealing with the complaint.The Government pleader argued that the complainant was considered for promotion for several years. However, various selection committees did not recommend him for promotion due to the pendency of disciplinary proceedings and imposition of penalty on him. He further argued that the complainant was in the habit of filing frivolous litigation against Government officials.Agreeing, the Court observed that the disciplinary proceedings against the complainant would have hampered his promotion aspects. It further observed that the complainant failed to establish a prima facie case and the allegations of General Administration Department demanding bribe from him appear to be unbelievable.High Court thus quashed the Special Court's order.Counsel for Petitioners: Special Government Pleader Sri A. RajeshCase Number: OP (Crl.) 305/ 2024Case Title: State of Kerala v Muraleedharan K. V.Citation: 2024 LiveLaw(Ker) 373Click here to Read/Download Judgment

Kerala High Court Quashes Special Judge's "Unwarranted Remarks" Against IAS Officer, Says Unnecessary Enquiries Blemish Public Servant's Career

Manju Elsa Isac

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