P.K.FIROS Vs. STATE OF KERALA

JUDGEMENT

(1.) A deputation appointment made by a member of the State Cabinet is the subject matter of this writ petition. The writ petitioner, who claims to be a responsible politician, seeks a writ of mandamus directing the Vigilance and Anti- Corruption Bureau to register a crime on his complaint. As regards disputes relating to the irregularities or illegalities in appointments in Government service directly or by deputation, this Court has clarified things in Ramesh Chennithala v. State of Kerala (2018 SCC Online Ker 14261). Anyway, the said appointment made by the Minister must be an appointment as part of the administrative actions of the State, and for any sort of proceeding under the Prevention of Corruption Act , the prior approval of the appointing authority is required. Without obtaining such approval, and without taking the necessary steps required under the law, even to file a complaint, the petitioner approached this Court with a writ petition. It appears that his main grievance is that the Minister has violated the oath of allegiance made by him under the Constitution as a Minister, and the issue regarding appointment appears to be subsidiary.

(2.) Now the learned counsel for the writ petitioner has filed a memo seeking permission to withdraw the writ petition. Withdrawal cannot be taken to be as silly as the writ petitioner would think. Anyway, when he does not want to prosecute the matter further, the writ petition can be closed.