ANOOP VARKEY Vs. SAJIPRASAD

JUDGEMENT

(1.) The short legal issue to be determined in this case is whether, in view of the provisions contained in Note (i) to Rule 28(b)(i)(7) of Part II of the Kerala State and Subordinate Services Rules ('KS&SSR", for short), an officer against whom an FIR has been lodged in a graft case is entitled to be included in the select list for promotion.

(2.) The facts necessary for the determination of this case are as follows: the petitioner was included in the revised select list of Deputy Transport Commissioners for the year 2022. The first respondent, who is also a candidate included in the select list, challenged the validity of the inclusion of the petitioner in the select list before the Kerala Administrative Tribunal on the ground that the petitioner is an accused in Vigilance Case No. VC/1/2019/SCK and thus he should not have been included in the select list in view of Note (i) to Rule 28(b)(i)(7) of Part II KS&SSR. Pursuant to the inclusion of the petitioner in Annexure A6 select list, the Government notionally promoted him as Deputy Transport Commissioner by Annexure A7 order. As there was no vacancy in the said cadre, the first respondent, being junior to the petitioner, was reverted to the post of Regional Transport Officer. Thus, the first respondent challenged Annexure A7 as well before the Tribunal.

(3.) We have heard Sri.Jaju Babu, the learned Senior Counsel, instructed by Sri.Brijesh Mohan, the learned counsel appearing for the petitioner, Smt.Leena, the learned counsel appearing for the first respondent, and Sri.A.J.Varghese, the learned Senior Government Pleader.