Ajithkumar vs State Of Kerala
2021 Latest Caselaw 10958 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.8871 OF 2021(H)


PETITIONER:

               AJITHKUMAR
               AGED 41 YEARS
               S/O.M.K.JANARDHANAN, RESIDING AT ASWATHY, KRISHNA
               NAGAR, LN PURAM, PUTHUR, PALAKKAD-678 005.

               BY ADV. SRI.S.ANANTHAKRISHNAN

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
               TRIVANDRUM-695 001.

      2        STATE POLICE COMPLAINT'S AUTHORITY,
               OFFICE OF THE STATE POLICE COMPLAINT'S AUTHORITY,
               T.C.NO.XV/1402, TAGOR NAGAR, VAZHUTHACADU,
               THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS
               CHAIRMAN.

      *      THE SECRETARY TO GOVERNMENT,
      ADDL.3 HOME AND VIGILANCE DEPARTMENT,
             GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM

               *ADDITIONAL RESPONDENT NO.3 IS SUO MOTU IMPLEADED AS
               PER ORDER DATED 07.04.2021 IN WP(C) NO.8871/2021

OTHER PRESENT:

               SMT.NISHA BOSE -GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8871 OF 2021

                               2

                         JUDGMENT

Dated this the 7th day of April, 2021

Heard the learned counsel for the petitioner and the

learned the Government Pleader.

3. The request made in this writ petition is to

expedite the steps for appointment of a Chief Investigating

Officer in the State Police Complaints Authority.

4. It is submitted by the learned counsel for the

petitioner that though steps have been initiated for carrying

out the appointment, the matter is still pending for a final

decision and no appointment is being made. It is submitted

that the petitioner is also an applicant to the post and his

credentials have been recommended by the respondents as

well.

5. The learned Government Pleader submits that

Ext.P8, which has been produced by the petitioner, is a

letter addressed to the Chief Secretary of the State of WP(C).No.8871 OF 2021

Kerala. It is submitted that the issue is to be considered by

the Secretary to Government in the Home and Vigilance

Department and appropriate steps are to be taken by the

said Department.

6. In the above view of the matter, I suo motu

impleaded the Secretary to Government, Home and

Vigilance Department as a party to this writ petition. In case

the petitioner approaches the additionally impleaded 3 rd

respondent with a proper representation, the same shall be

considered and disposed of, in accordance with law, within a

period of two months from the date of receipt of a copy of

this judgment. Appropriate steps for filling up the post shall

also be taken without delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/08.04.2021 WP(C).No.8871 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER DATED 30.05.2015.

EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED 03.03.2016.

EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER DATED 18.05.2016.

EXHIBIT P4 TRUE COPY OF THE GOVERNMENT ORDER DATED 25.04.2017.

EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 23.09.2019.

EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER WITH THE PROFILE BIO DATA.

EXHIBIT P7 TRUE COPY OF THE LETTER OF APPLICATION DATED 22.05.2017 ISSUED BY THE FORMER CHAIRMAN OF THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 06.03.2021 SUBMITTED BY THE PETITIONER TO THE CHIEF SECRETARY.