RAGHUNATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) CHALLENGE in this Writ Petition is to the appointment of respondent 4 as Vigilance Tribunal, Kozhikode solely on the ground that he was more than 50 years of age on the date of appointment. The short question that arises for consideration is whether any upper age limit is prescribed for appointment to this post and whether the 4th respondent was over age at the time of his appointment. Since the question involved is purely legal, it is not necessary to refer to the facts in detail.

(2.) THE 4th respondent had been working as Additional "legal Advisor and was attached to the Vigilance Court , Thiruvananthapuram. His date of birth is 18th May 1952. By Order dated 14th July, 2003 (Ext. R-4 (a) with the counter-affidavit filed by the 4th respondent), he was appointed as Vigilance tribunal, Kozhikode. It is common case of the parties that he was more than 50 years of age at the time of his appointment.

(3.) ANOTHER ground on which the appointment of the 4th respondent was challenged is that he was appointed on political considerations as he is a known activist of the Congress Party and is said to be a close associate of Shri Vakkom Purushothaman, the Speaker of the Kerala Legislative assembly. We are afraid, this argument cannot be accepted. Except for the ipse dixit of the petitioner, there is no material on the record to substantiate this plea. Allegations of mala fides are easier levelled than proved. Moreover the Speaker of the Legislative Assembly has not been impleaded as a party.