PREMNATH RAVINDRANATH Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The challenge in this writ petition is against Exhibit P10 report submitted by the Finance Inspection Wing of the Government of Kerala, after conducting enquiry in the 2nd respondent organisation. It is alleged that on the basis of the said report, steps had been taken by the Government to take action against the petitioner. The petitioner apprehended his removal from the post of the General Manager on the strength of a finding contained in the report that the qualification fixed for the post of General Manager (Finance) was improper and that the post was filled up with undue haste without getting sanction from the Government.

(2.) Heard the learned Senior counsel for the petitioner and the learned special Government Pleader for the Finance as well as the learned standing counsel for the 2nd respondent Corporation.

(3.) It is submitted that the petitioner had been appointed as General Manager on 26.03.2008 pursuant to the notification of the vacancy and after a due selection process. Pursuant to an inspection conducted by the Finance Department, the Vigilance Officer of the Kerala Financial Corporation had conducted an enquiry and reported that the selection and appointment of the petitioner was in accordance with the Act and Regulations. In August 2012, a further inspection was conducted by the Finance Inspection Wing and Exhibit P10 report was furnished alleging irregularity in the appointment of the petitioner and recommending the cancellation of the selection and conduct of a fresh selection as also recommending disciplinary action against the petitioner for negligence in marking his attendance. On the basis of the said report, the petitioner apprehended that the action would be taken to terminate his services, which prompted him to file this writ petition.