SAJI BASHEER S/O BASHEER Vs. CHIEF SECRETARY

JUDGEMENT

(1.) Petitioner, has again approached this court, presently challenging Ext.P16 order by which Government ordered that he cannot be given any posting in any establishments under Government in view of the various vigilance cases pending against him. It was also stated that he cannot be posted in the C-APT since that institution had already terminated his services long back.

(2.) The case of the petitioner is that he was appointed as Manager (General) in the Kerala State Audio Visual and Reprographic Centre, in the year 1995. While working in that post he was promoted as its Managing Director and his probation in that post was declared as per Ext.P1 order dated 19.06.2004. Whileso he was appointed as Managing Director of Kerala Small Industries Development Corporation (SIDCO) on deputation. In Ext.P2 order dated 18.05.2007, it is stated that Government had appointed the petitioner as Managing Director of SIDCO as per G.O.(Rt) No.886/06/ID dated 19.08.2006 on deputation basis. Referring to the proposal received from the Managing Director as per letter dated 25.10.2006, it was ordered that the appointment of petitioner as Managing Director of SIDCO would be on deputation basis; he would be eligible to draw pay and allowances admissible to him in the parent organisation prior to his deputation to Kerala SIDCO; etc. Thereafter, Government issued Ext.P3 order dated 24.02011, referring to the mission of the petitioner (Managing Director of SIDCO) to bring the organisation to the topmost among PSUs as stated in his letter dated 03.01.2011. By this order, his appointment in SIDCO, which was on deputation, was converted as appointment on regular basis, based on the request of petitioner. Government ordered that his pay and allowances and other service conditions would be governed by the Staff Regulations of Kerala SIDCO. Thereafter, as per Ext.P4 order, the petitioner was appointed as Managing Director of Kerala State Industrial Enterprises Limited (KSIE) , Thiruvananthapuram. By Ext.P5 order dated 03.06.2016, Government replaced the petitioner by giving full additional charge of the Managing Director of KSIE, to Dr.M.Beena, I.A.S, who was the Managing Director of KSDC, on public interest with immediate effect.

(3.) Complaining that petitioner was denied any posting, he submitted Ext.P6 representation. His representation was rejected as per Ext P7 letter, saying that vigilance investigations were pending against him. Petitioner filed W.P.(C) No.1206 of 2017, challenging Ext.P7 order. When the writ petition came up for consideration, the Government Pleader had, on instructions submitted that a vigilance case was registered against the petitioner and therefore, he cannot be given any assignment. It was also stated that he was not included in the panel put forth by the Public Sector Restructuring and Internal Audit Board. In the absence of vigilance clearance, it was not possible to give any assignment to petitioner. In those circumstances that writ petition was disposed of as per Ext.P10 judgment dated 17.02.2017, directing the respondents to take a decision on the question whether petitioner should be given any assignment or kept idle and to pass orders, after affording an opportunity of hearing to the petitioner. Ext.P7 was set aside to enable Government to pass fresh orders. Thereafter Government issued Ext.P12 order on 004.2017. In Ext.P12 order it was stated that the Accountant General has raised serious objections regarding the activities of the petitioner while he was the Managing Director of SIDCO and recommended that the loss which was assessed as 5.47 Crores has to be recovered from the petitioner. Several irregularities found against the petitioner. It was further stated that as per the reports of the Vigilance and Anticorruption Bureau, the following cases were pending against the petitioner: VC 02/14/S1U-II/SIDCO for irregularities in land development work in Telecom City project site in Menamkulam, Kazhakkuttam by SIDCO, VC01/15/PKD/SIDCO for irregularities in the allotment of sheds at SIDCO Industrial Estate, Olavakkode, and VC.28/16/TSR/SIDCO for irregularities in transfer of land in Ollur. SIDCO Industrial Estate are pending against this Petitioner. Apart from that crime No.VC4/2016/SCT U/s 13(2) r/w 13(1 ) (e) of the Prevention of Corruption Act, 1988 has been registered against petitioner on 30/08/2016 for possession of assets disproportionate to his known sources of income. Thus it was stated that in view of these vigilance cases, petitioner cannot be allowed to continue in any Government enterprises.