Asha Jose vs State Of Kerala
2021 Latest Caselaw 20875 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                         WP(C) NO. 7023 OF 2021
PETITIONER:

          ASHA JOSE
          AGED 40 YEARS
          W/O.SANTHOSH KUMAR, MANJU NIVAS, KOTTAPURAM P.O.,
          VIZHINJAM, THIRUVANANTHAPURAM - 695 521, FORMERLY
          EMPLOYED AS CHIEF EXECUTIVE OFFICER, KERALA ADVENTURE
          TOURISM PROMOTION SOCIETY (KATPS), VAZHUTHACAUD P.O.,
          THIRUVANANTHAPURAM - 695 014.

          BY ADV M.SREEKUMAR



RESPONDENT/S:

          STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
          TOURISM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
          695 001.


OTHER PRESENT:

          GP V.VENUGOPAL




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.7023/2021                     2



                              JUDGMENT

Petitioner has approached this Court aggrieved by the adverse

comments made by the Vigilance Department against her. It is seen that

the petitioner, who was the Chief Executive Officer of the Kerala

Adventure Tourism had earlier approached this Court by challenging her

termination. It emerges that, in the course of hearing of that Writ

Petition, it was disclosed that, she was permitted to continue pursuant to

the report of the vigilance casting aspersions on her conduct. This led to

Ext.P8 judgment, by which, petitioner was directed to take appropriate

action in the light of Ext.P8 order mentioned therein which was a letter

dated 26.05.2016 of the Additional Chief Secretary to the Government,

Vigilance Department to the Secretary to Government, Tourism

department.

2. It seems that the basis of that communication is Exts.P7 and

P7(b), in which, it is seen that, certain adverse comments touching upon

the competency of the petitioner to continue her service was made.

Definitely, such comments can affect the career prospects of any person.

Learned counsel for the petitioner vehemently attacking the above

comments contended that neither the Vigilance Department has got any

power to make such observation nor it is competent to decide on the

eligibility or the qualification of any person. This prima facie is beyond

their jurisdiction, it was contended. Learned counsel further contended

that, such comments were made without giving an opportunity of being

heard to the petitioner.

3. Having considered this, I am inclined to dispose of the Writ

Petition by permitting the petitioner to submit representation before the

Additional Chief Secretary to the Government who is in-charge of the

Vigilance Department to expunge the comments in Exts.P7 and P7(b), to

the extent it cast aspersions on the competency of the petitioner to hold

any public post. The above representation shall be submitted by the

petitioner within 15 days from the date of receipt of a copy of this

judgment. There will be a direction to the Additional Chief Secretary, who

is in charge of the vigilance, to consider her application and dispose it of

as expeditiously as possible, at any rate, within a period of two months

from the date of receipt of such representation, after reserving

opportunity to the petitioner of being heard either personally or onlie. A

copy of this order shall be submitted by the learned counsel for the

petitioner along with the representation. Issue copy to the Government

Pleader for being transmitted to the Additional Chief Secretary

(Vigilance).

Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE

Sbna/-

APPENDIX OF WP(C) 7023/2021 PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF DEGREE CERTIFICATE DATED 23/1/2002 ISSUED FROM THE UNIVERSITY OF KERALA TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF DEGREE CERTIFICATE IN MASTER OF BUSINESS ADMINISTRATION DATED 21/8/2003 ISSUED FROM MANONMANIAM SUNDARANAR UNIVERSITY TO THE PETITIONR.

EXHIBIT P3 TRUE COPY OF ORDER G.O.(RT) NO.2772/2013/TSM DATED 6/4/2013.

EXHIBIT P4 TRUE COPY OF ORDER G.O.(RT) NO.198/2016/TSM DATED 23/5/2016.

EXHIBIT P5 TRUE COPY OF ORDER G.O.(RT) NO.317/2016/TSM DATED 6/10/2016.

EXHIBIT P6 TRUE COPY OF ORDER OF THIS HON'BLE COURT IN WP(C) NO.33615/2016 DATED 20/10/2016.

EXHIBIT P7 TRUE COPY OF LETTER NO.5683/E2/2016/VIG.

DATED 26/5/16 ISSUED FROM THE ADDITIONAL CHIEF SECRETARY TO THE RESPONDENT.

EXHIBIT P7(A) TRUE COPY OF LETTER NO.E16(QV 19/15/SIU I) 20367/15 DATED 11/5/2016 FROM THE DIRECTOR, VIGILANCE & ANTI-CORRUPTION BUREAU, THIRUVANANTHAPURAM TO THE ADDITIONAL CHIEF SECRETARY, VIGILANCE DEPARTMENT.

EXHIBIT P7(B) TRUE COPY OF FORWARDING ENDORSEMENT NO.QV 19/2015/SIU-I DATED 12/4/2016 FROM THE SUPERINTENDENT OF POLICE, VIGILANCE & ANTI- CORRUPTION BUREAU, SPECIAL INVESTIGATION UNIT-I, THIRUVANANTHAPURAM ALONG WITH QUICK VERIFICATION REPORT DATED 18/3/2016.

EXHIBIT P8 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.33615/2016 DATED 13/12/2017.

EXHIBIT P9 TRUE COPY OF ORDER (LETTER) NO.F4-19813/2013 DATED 5/8/2014.