The Kerala High Court on Saturday (October 24) criticised the State over inadequate investigation in the case relating to the alleged irregularities in the examination conducted by the Kerala Public Service Commission for recruitment to the Planning Board.

Justice A. Badharudeen, while hearing a plea moved by the KPSC challenging Crime Branch FIR registered to probe into the alleged irregularities, orally remarked that the investigation is stalled or proceeding slowly. He added that the accused are not being questions and necessary documents are not being seized.

"The prime accused persons are being spared without questioning. Then what is investigation? They could not be questioned, valid documents could not be taken into custody, then what is investigation?...Here is a writ petition challenging something, may be the FIR. Simply filed it, no order passed, no restriction imposed. Government is free to go for investigation because Court does not say could not be done. They are not doing it...They are waiting for something to be ordered by this Court for investigation. Why should it?," the Court orally said.

The Director General of Prosecution submitted that the investigation is going on and the accused have been issued notice as well. He added that the KPSC is not cooperating with the investigation. However, the Court refused to accept this explanation and orally said that procedures contemplated by law must be followed:

"Suppose you register an FIR against a person accused of murder, he is not cooperating. Whether your hands are chained? You must go and arrest him."

The Court further orally remarked that in serious matters, the State is helping the accused and warned that in such a situation, the people would not wait for State action:

"People will think of a third option. They may emerge. That would be happening in Kerala because of this attitude. Please be aware of it."

The petitioners' counsel pointed out that the defacto complainant is to be impleaded in the petition. Considering the same, the Court passed an interim order to implead Jayalal V.S., who had approached the Kerala Administrative Tribunal pointing out that 10 questions in the recruitment examination were not evaluated.

"in order to secure the presence of the de facto complainant, at the time of hearing the matter, and to address his grievance also, in the interest justice, he is impleaded..Investigating Officer to give direct notice to him to appear either personally or through advocate on next Tuesday (27.10.2026)"

During the last posting, the Court had orally questioned why the members of the KPSC were not cooperating with the Crime Branch investigation and had asked why the PSC was not going for the statutory remedy available.

Background

According to the plea, the KPSC issued a notification in 2022 to the post of Chief (Industry & Infrastructure Division) and thereafter, the written exam was conducted. The shortlist with 10 candidates' names was published in February 2025 and one of these persons approached the Kerala Administrative Tribunal pointing out that 10 questions were not evaluated.

Subsequent to the same, the KPSC ordered a preliminary inquiry in June 2026 and the Internal Vigilance Officer submitted a report that an error occurred in the evaluation of one of the papers in the exam. One of the questions in 177 answer scripts and 9 questions in all the 228 answer scripts were not evaluated, it is stated.

The KPSC then decided to take corrective measures as per its Rules of Procedure. The KAT also passed an order permitting the process. In its plea, the PSC has stated that the State government has granted sanction to prosecute its officials under Section 17A of the Prevention Act and based on the same, the Crime Branch has registered an FIR alleging offences under Section 316(5) [Criminal breach of trust] of the BNS, 2023, and Sections 7(c) [Offence relating to public servant being bribed] and 13(1)(a) [Criminal misconduct by a public servant] of the PC Act. Notices were also issued to the staff and members. Challenging these, the Commission has approached the High Court.

The plea seeks to quash the prosecution sanction as well as the FIR registered. The other prayer sought is for a declaration that the KPSC and its staff are not employed in connection with the State's affairs and hence, the State government cannot issue sanction to prosecute them.

The petition is moved by Advocates S. Sreekumar (Sr.), Martin Jose P., P. Prijith, Thomas P. Kuruvilla, Ajay Ben Jose, Manjunath Menon, Harikrishnan S., Anavadya Sanil Kumar, Anjali Krishna, Abhinav P.S., and Adarsh V. Manoj.

Director General of Prosecution T.A. Asaf Ali appeared for the State.