K.NATARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Appeal has been filed by the appellant challenging the judgment of the learned Single Judge dated 12.4.2013 in W.P(C).No.27844 of 2012, by which judgment, the Writ Petition filed by the appellant questioning the order of suspension dated 9.11.2012 passed by His Excellency the Governor, has been dismissed.

(2.) The brief facts of the case, which are necessary to be noted for deciding the issues raised in the Writ Appeal are: The appellant (hereinafter referred to as 'the writ petitioner') was appointed as the Chief Information Commissioner by order dated 25.11.2011, issued by His Excellency the Governor, in exercise of power under sub- section (3) of Section 15 of the Right to Information Act, 2005 (hereinafter referred to as 'the RTI Act, 2005'). The writ petitioner assumed charge as the State Information Commissioner on 23.4.2011. The writ petitioner came to know that Additional Director General of Police (Vigilance & Anti Corruption Bureau) submitted a quick verification report on an allegation against the writ petitioner of he having influenced one Mr.V.G.Kunhan, Deputy Superintendent of Police, who was investigating vigilance case registered against the former Chief Minister of Kerala. After receipt of the report from the Additional Director General of Police (Vigilance & Anti Corruption Bureau), the State Government submitted recommendation to His Excellency the Governor to place the writ petitioner under suspension under Section 17(2) of the RTI Act, 2005. On coming to know the aforesaid proceedings, the writ petitioner submitted a representation dated 8.11.2012 requesting His Excellency the Governor that if His Excellency the Governor is going to take any action against him on the basis of any recommendation of the Government of Kerala, he may be given an opportunity to prove his innocence. His Excellency the Governor, after noticing various allegations against the writ petitioner as disclosed in the report submitted by the Additional Director General of Police (Vigilance & Anti Corruption Bureau), came to the conclusion that the allegation of misbehaviour against the writ petitioner, if proved, are of grave and serious nature justifying his removal from office. His Excellency the Governor made a reference under Section 17(1) of the RTI Act, 2005 to the Supreme Court for enquiry and report and further directed that till orders are passed on receipt of the report of the Supreme Court on the reference already made, the writ petitioner be suspended from office. Challenging the order dated 9.11.2012, the writ petitioner filed the Writ Petition, which has been dismissed by the learned Single Judge as per the judgment impugned.

(3.) The learned Single Judge considered the submission raised in the Writ Petition and held that the suspension order was in accordance with Section 17(2) of the RTI Act, 2005.