RAJENDRAN Vs. K N NARAYANA MENON

JUDGEMENT

(1.) Shri T. A. Rajendran, Editor. 'Navab', Fort Cochin, is the petitioner. The respondents 1 to 5 respectively are: (1) Sri K. N. Narayana Menon, Acting Chairman of the Kerala Public Service Commission, (2) Sri K Karunakaran, Chief Minister of Kerala, (3) The Kerala Public Service Commission, represented by its Secretary, (4) State of Kerala, represented by the Chief Secretary, and (5) Governor of Kerala, Raj Bhavan, Trivandrum. The reliefs sought in the writ petition mainly are two, (1) the issue of a writ of quo warranto or other appropriate writ, quashing the appointment of the 1st respondent as the Acting Chairman and Member of the Kerala Public Service Commission under Ext. P2 dated 2-2-1984 and Ext. P1 dated 20-9-1983 respectively and (2) the issue of a writ of certiorari quashing Exts. P1 and P2

(2.) The substance of the allegation in the writ petition is that the 2nd respondent herein was the 4th respondent in O. P. No. 1141 of 1977 on the file of this Court. In the judgment in that writ petition there was a direction to prosecute him under S.193 IPC. The trial of the case took place in the Court of the Chief Judicial Magistrate, Ernakulam, which was during the material time presided over by the first respondent herein. It is an undisputed fact that the prosecution ended in acquittal of the 2nd respondent as per the judgment given on 12-3-1979 by the first respondent as the then Chief Judicial Magistrate; and that, that acquittal has become final inasmuch as no appeal has admittedly been filed against the said acquittal

(3.) Ext. P1 is the copy of the order dated 20-9-1983 appointing the first respondent, among others, to be one of the members of the Public Service Commission, under the authority of the 5th respondent Governor: and Ext. P2 is the order dated 2-2-1984 issued in terms of orders passed by the 5th respondent Governor authorising the first respondent to discharge the current administrative duties of the Chairman of the Commission till the vacancy caused by the retirement of Sri M. K Hemachandran, Chairman. Kerala Public Service Commission is filled up under the proviso to Regulation.4(1) of the Kerala Public Service Commission (Composition and Condition of Service of Members and Staff) Regulations, 1957.