Kerala High Court
The Union Public Service Commission vs K.Raju Thomas on 3 February, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:8985
OP (CAT) NO. 50 OF 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
OP (CAT) NO. 50 OF 2020
AGAINST THE ORDER/JUDGMENT DATED 07.11.2019 IN OA
NO.240 OF 2018 OF CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH
PETITIONERS/RESPONDENTS NO.2 AND 3 IN O.A.:
1 THE UNION PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, DHOLPUR HOUSE,
SHAJAHAN ROAD, NEW DELHI-110069.
2 THE SELECTION COMMITTEE FOR SELECTION TO INDIAN
FOREST SERVICE CONSTITUTED UNDER REGULATION 3 OF
THE IFS (APPOINTMENT BY PROMOTION) REGULATIONS
1966, REPRESENTED BY ITS CHAIRMAN,
UNION PUBLIC SERVICE COMMISSION,
NEW DELHI-110069.
BY ADV THOMAS MATHEW NELLIMOOTTIL
RESPONDENTS/APPLICANT, RESPONDENTS 1, 4 TO 6 TO:
1 K.RAJU THOMAS,
AGED 55 YEARS, S/O. A.G. KOSHY,
DEPUTY CONSERVATOR OF FOREST (NON CADRE) AND
FOREST WORKING PLAN OFFICER, PUNALUR,
KOLLAM DISTRICT (RESIDING AT ANGADIYIL,
KAMPAMKODU, VAYKKAL P.O., VALAKAM,
KOTTARAKARA, KOLLAM-691532.)
2 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ENVIRONMENT,
2025:KER:8985
OP (CAT) NO. 50 OF 2020
2
FORESTS AND CLIMATE CHANGE,
INDIRA PARYAVARAN BHAWA, 6TH FLOOR,
PRITHVI BLOCK, JOR BAGH ROAD,
ALI GANJ, NEW DELHI-110003.
3 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
4 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT OF
KERALA,FOREST AND WILDLIFE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
5 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND
HEAD OFFOREST FORCE, FOREST HEADQUARTERS,
VAZHUTHAKKAD, THIRUVANANTHAPURAM-695023.
BY ADVS.
DR.K.P.SATHEESAN (SR.)
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SRI.P.MOHANDAS (ERNAKULAM)
SRI.S.VIBHEESHANAN
SRI.K.SUDHINKUMAR
SRI.S.K.ADHITHYAN
SRI.SABU PULLAN
SRI.GOKUL D. SUDHAKARAN
SRI T C KRISHNA DSGI IN CHARGE
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON
03.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:8985
OP (CAT) NO. 50 OF 2020
3
JUDGMENT
Amit Rawal, J.
For seeking promotion to the IFS, the case of the respondent - applicant was cleared for induction with a condition that within two(2) months would get clearance from the charges he was facing. In fact, a criminal case was registered against him for commission of certain forest offences in Crime Case No.110/CR/2000, which was numbered as Criminal Case No.961 of 2013. In the meantime, preferred a criminal miscellaneous case No.1897/2016 for quashing of aforementioned complaint which was rejected vide judgment of this Court dated 11.07.2019 but while dismissing, had put a caveat that registration of criminal case would not debar from promoting or inducting him to the IFS. The said order was assailed before the Supreme Court in Special Leave Petition (Criminal) Diary No.4917/2020. On the basis of judgment in Crl.M.C.No.1897/2016 respondent - applicant filed 2025:KER:8985 OP (CAT) NO. 50 OF 2020 4 O.A.240/2018 which was allowed. In the meantime, the respondent - applicant was in fact inducted and had now retired. The Supreme Court vide judgment dated 04.10.2021 though held appeal to be infructuous but observed that the findings of the criminal court was not sustainable. The said order reads as under:
"Learned counsel appearing on behalf of the respondent has stated that in view of the subsequent order passed by the learned Mal Court acquitting the respondent as such the present Special Leave Petitions have become infructuous and the same have become academic.
In view of the above, the present Special Leave Petitions stand disposed of as having become infructuous.
However, while disposing of the present Special Leave Petitions, we observe that the impugned order passed by the High Court while dismissing the Section 482 petition and observing that the mere facts that the original petitioner has been arraigned as the 7th accused in C.C. No. 961 of 2013 of the courts below, shall not stand in the way of conferring him with the Indian Forest Service (wrongly stated in the order as Indian Foreign Service) is unsustainable. While dismissing the application for quashing under Section 482, such an observation was not warranted at all. With 2025:KER:8985 OP (CAT) NO. 50 OF 2020 5 this, we leave the matter at that stage and dispose of the Special Leave Petitions as having become infructuous."
2. Since the respondent - applicant had already retired and in view of the judgment of the Supreme Court, the matter remains only for academic issue whether in such circumstances, the person can be inducted into IFS without clearance of the charges. The law is very clear that it cannot be. Be that as it may, in view of the facts mentioned above.
O.P. stands disposed off.
Sd/-
AMIT RAWAL JUDGE Sd/-
K. V. JAYAKUMAR JUDGE nak 2025:KER:8985 OP (CAT) NO. 50 OF 2020 6 APPENDIX OF OP (CAT) 50/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF JUDGMENT AND ORDER DATED 07/11/2019 PASSED BY CAT, ERNAKULAM BENCH, IN OA NO.240/2018.
EXHIBIT P2 TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT OF KERALA IN CRL. MC NO.1897/2016 DATED 11/12/2017. EXHIBIT P3 TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT OF KERALA IN CRL. MC NO.1897/2016 DATED 21/12/2017. EXHIBIT P4 TRUE COPY OF THE LETTER NO.10/9/2017- AIS DATED 14/06/2018.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 11/07/2017 IN CRL. M.C. NO.1897/2016 OF THE HON'BLE HIGH COURT OF KERALA. EXHIBIT P6 TRUE COPY OF THE ORIGINAL APPLICATION NO.180/00240/2018 WITH ANNEXURES A1 TO A10.
EXHIBIT P6 (A1) TRUE COPY OF THE LETTER WRITTEN BY THE FIRST RESPONDENT TO THE PRINCIPAL SECRETARY, GOVERNMENT OF KERALA DATED 07/09/2017.
EXHIBIT P6 (A2) TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT OF KERALA IN CRL.
MC.NO.1897/2016 DATED 11/12/2017. EXHIBIT P6 (A3) TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT OF KERALA IN CRL.
MC.NO.1897/2016 DATED 21/12/2017. EXHIBIT P6 (A4) TRUE COPY OF THE ORDER 2025:KER:8985 OP (CAT) NO. 50 OF 2020 7 NO.17013/25/2016-FIS-II DATED 21/11/2017 ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P6 (A5) TRUE COPY OF THE LETTER WRITTEN BY THE APPLICANT TO THE 2ND RESPONDENT DATED 15/12/2017.
EXHIBIT P6 (A6) TRUE COPY OF THE COVERING LETTER FORWARDING ANNEXURE A3 TO THE 2ND RESPONDENT DATED 26/12/2017. EXHIBIT P6 (A7) TRUE COPY OF THE PROPOSAL DATED 28/12/2017 FORWARDED BY THE HEAD OF THE DEPARTMENT TO THE CHIEF SECRETARY WITH THE REQUISITE PROFORMA DATED 15/12/2017.
EXHIBIT P6 (A8) TRUE COPY OF THE PROPOSAL FORWARDED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT AS LETTER NO.
3589/SPL.C1/2016/GAD DATED 09/01/2018. EXHIBIT P6 (A9) TRUE COPY OF THE PROPOSAL FORWARDED TO THE 2ND RESPONDENT DATED 09/01/2018. EXHIBIT P6 (A10) TRUE COPY OF THE NOTIFICATION NO.17013/25/2016-IFS-II DATED 17/01/2018.
EXHIBIT P7 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER/RESPONDENT 2 AND 3 IN OA DATED 31/08/2018.
EXHIBIT P8 TRUE COPY OF THE REPLY STATEMENT FILED BY STATE GOVERNMENT/3RD RESPONDENT. EXHIBIT P8 (R3A) TRUE COPY OF THE ORDER IN CRL MA NO.3629/2017 IN CRL. MC NO. 1897/2016 OF THE HON'BLE HIGH COURT DATED 31/04/2017.
2025:KER:8985 OP (CAT) NO. 50 OF 2020 8 EXHIBIT P8 (R3B) TRUE COPY OF THE GO(RT) NO.967/2018/GAD DATED 14/02/2018.
EXHIBIT P9 TRUE COPY OF THE MA NO.768/2018 FILED BY THE APPLICANT/1ST RESPONDENT. EXHIBIT P9 (MA1) TRUE COPY OF THE INDIAN FOREST SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS 1966 AS AMENDED UPTO 13/01/2005.