Kerala High Court
Jacob Thomas Ips vs State Of Kerala on 4 January, 2016
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH
&
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 19TH DAY OF SEPTEMBER 2017/28TH BHADRA, 1939
WP(C).No. 30125 of 2017 (M)
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PETITIONER:
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JACOB THOMAS IPS,
DIRECTOR GENERAL OF I.M.G.,
(INSTITUTE OF MANAGEMENT IN GOVERNMENT),
VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695033.
BY ADVS.DR.K.P.SATHEESAN (SR.)
SRI.P.MOHANDAS (ERNAKULAM)
SRI.S.VIBHEESHANAN
SRI.K.SUDHINKUMAR
SRI.S.K.ADHITHYAN
SRI.MUHAMMED IBRAHIM ABDUL SAMAD
RESPONDENTS:
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1.STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
GENERAL ADMINISTRATION DEPARTMENT (GAD),
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2.KERALA LOK AYUKTA,
REPRESENTED BY ITS REGISTRAR,
LEGISLATIVE COMPLEX,
THIRUVANANTHAPURAM-695001.
3.G.BERBY FERNANDEZ,
MADONA COTTAGE, TC. 32/921,
NEAR WIRELESS STATION, BEACH P.O.,
THIRUVANANTHAPURAM-695007.
BY SR.GOVERNMENT PLEADER SRI.V.TEKCHAND
BY GOVERNMENT PLEADER SRI P.NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19-09-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 30125 of 2017 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE COMPLAINT NO.57/2016-B FILED BY
THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT
DATED 4.1.2016.
EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED 29.06.2017.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 8.8.2017 IN WRIT
PETITION NO.35067/2017.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 8.12.2016 IN
W.P.(C) NO.32130/2016.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 13.02.2017 IN
W.A.NO.76/2017.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 6.10.2015 IN
W.P.(C) NO.1694/2015.
EXHIBIT P7 TRUE COPY OF THE ORDER OF THE ENQUIRY
COMMISSIONER AND SPECIAL JUDGE (VIGILANCE),
MUVATTUPUZHA DATED 7.2.2017 IN
CRL.M.P.NO.56/2017.
EXHIBIT P8 TRUE COPY OF THE ORDER OF THE ENQUIRY COMMISSION
AND SPECIAL JUDGE (VIGILANCE), MUVATTUPUZHA
DATED 30.03.2017.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 4.4.2017 IN W.P.
(C) NO.5142/2017.
EXHIBIT P10 TRUE COPY OF THE ALL INDIA SERVICES ACT 1951.
RESPONDENT(S)' EXHIBITS
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NIL
/TRUE COPY/
VPS PS TO JUDGE
NAVANITI PRASAD SINGH, C.J. &
RAJA VIJAYARAGHAVAN V., J.
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W.P.(C) No.30125 OF 2017
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Dated this the 19th day of September, 2017
JUDGMENT
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Navaniti Prasad Singh, C.J.
1. By this writ petition, the petitioner challenges the jurisdiction of the Lok Ayukta to entertain complaints against an officer of the All India Service, inter alia on the ground that All India Service is governed by the rules and regulations framed by the Central Government with respect to List I of the Seventh Schedule of the Constitution of India and such officers cannot be subject to enquiry by a State Authority, statutory or otherwise. Thus, to the extent that the Kerala Lok Ayukta Act, 1999 ("the Act" for short) authorises the Lok Ayukta to enquire into the complaints of mis-administration or mal- administration by officers of the All India Cadre/Service would be in conflict with central legislative and beyond competence of the State Legislature, is the submission advanced.
2. Reliance is placed on the judgment of a learned single Judge of W.P.(C) 30125/2017 2 the Andhra Pradesh High Court in the case of Sri.S.Santhanam, I.A.S. and Another v. State of Andhra Pradesh (1993 (3) Andhra Law Times 666).
3. We have perused the said judgment, a copy of which is produced. The learned counsel is correct that the said judgment does declare the provisions of a pari materia statute of Andhra Pradesh to be ultra vires. But the said decision does not appear to have been approved by the Division Bench of the same High Court. In the case of J. Papa Rao v. Government of Andhra Pradesh and Others (2004 (2) ALT 663) wherein in paragraph 64, their Lordships have specifically referred to the said judgment and have held that it has not been correctly decided.
4. In our view, the State Act authorises enquiry into the conduct of an officer of All India Services, employed with the affairs of the State. It would thus be referable to Entry 41 List II of the Seventh Schedule of the Constitution of India. We are therefore not inclined to entertain this issue. However we grant liberty to the petitioner to raise such other objection, as he may be advised, before the Lok Ayukta who would consider the same in accordance W.P.(C) 30125/2017 3 with law including the question of maintainability. With these observations, this writ petition is disposed of.
Sd/-
NAVANITI PRASAD SINGH, CHIEF JUSTICE Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE vps 20/9