The Kerala government on Tuesday (October 27) submitted before the High Court that the State Public Service Commission's plea, challenging the FIR against its staff members over alleged irregularities in examination for recruitment to the State Planning Board, is not maintainable.

When the matter came up today before Justice A. Badharudeen, Director General of Prosecution T.A. Asaf Ali appearing for the State submitted that the investigation into the case is progressing well. He further submitted that PSC is also proactive now and has already suspended two persons.

The DGP added: "Investigation is vigorously progressing. Now the PSC has started acting. They suspended two persons. So can they approach this Court to quash the FIR?"

According to news reports, KPSC has suspended Additional Secretary of the Examination wing, R. Hari, after he was arrayed as an accused. It is also reported that the Commission took action against P. Satheesh, a former Deputy Secretary who is also named as an accused.

Just a few days back, the Court had criticised the State over inadequate investigation in the case and had questioned why the Special Investigation Team had not questioned the members or seized relevant documents. The Court had also passed an interim order to implead the de facto complainant Jayalal V.S., who had approached the Kerala Administrative Tribunal pointing out that 10 questions in the recruitment examination were not evaluated.

Today, the counsel appearing for Jayalal also appeared before the Court and sought time to file objections to the plea. The case stands posted to November 2 for final hearing.

Background

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.