In a pivotal judgment, the Kerala High Court has clarified the legal stance regarding the inclusion of government officers in promotion lists when they are under vigilance scrutiny. The court emphasized that officers against whom a First Information Report (FIR) has been filed by the Vigilance and Anti-Corruption Bureau (VACB) following a preliminary enquiry cannot be considered for promotion. This decision reinforces the principles of integrity and accountability within public service.
Background of the Case
The case centered around an officer who was appointed as the Deputy Transport Commissioner. His appointment was contested by another candidate before the Kerala Administrative Tribunal (KAT), citing that an FIR had been lodged against the appointee by the VACB in a corruption case. The tribunal ruled against the appointed officer, leading him to challenge the decision in the High Court.
Legal Framework: KS&SSR Provisions
The court's decision hinged on Note (i) to Rule 28(b)(i)(7) of Part II of the Kerala State and Subordinate Services Rules (KS&SSR). This provision stipulates that an officer against whom vigilance or departmental proceedings have been initiated, following a preliminary enquiry that establishes a prima facie case, should not be included in the select list for promotion. The court interpreted this rule to mean that the initiation of an FIR after such an enquiry satisfies the conditions for exclusion from promotion considerations.
Court's Interpretation and Precedents
The bench, comprising Justice A. Muhamed Mustaque and Justice P. Krishna Kumar, referred to the precedent set in the case of State of Kerala and Others v. Babu Prasad (2019). The court clarified that the term 'vigilance proceeding' encompasses cases initiated by the VACB, and 'charge' refers to the allegations against the officer. Therefore, if an FIR is registered post a preliminary enquiry that establishes a prima facie case, the officer's name should be excluded from the promotion list.
Rejection of Prosecution Sanction Argument
The court dismissed the argument that a prosecution sanction under Section 19 of the Prevention of Corruption Act is necessary to fulfill the exclusion condition. It emphasized that the requirement is for prior approval to conduct a preliminary enquiry, as per Section 17A of the Act. If the government, after such an enquiry, deems the allegations serious, an FIR can be registered without needing a prosecution sanction at that stage.
Implications for Public Service Promotions
This judgment has significant implications for the promotion processes within public services. It underscores the importance of maintaining integrity and the perception of impartiality in public administration. By excluding officers under vigilance investigation from promotion lists, the court aims to uphold public trust and ensure that promotions are granted to individuals of unquestionable integrity.
Conclusion
The Kerala High Court's ruling serves as a critical reminder of the standards expected from public servants and the mechanisms in place to uphold these standards. It reinforces the principle that the mere initiation of vigilance proceedings, following a substantiated preliminary enquiry, is sufficient ground to withhold promotional considerations, thereby promoting transparency and accountability within the public sector.
0 Comments
Thank you for your response. It will help us to improve in the future.