Kerala High Court
The Manager vs The Secretary To Government on 7 March, 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 7TH DAY OF MARCH 2025 / 16TH PHALGUNA, 1946
W.P.(CRL.) NO. 877 OF 2022
PETITIONER:
THE MANAGER
SHREE VIDYADHIRAJA, HOMEOPATHIC MEDICAL
COLLEGE, NEMOM, THIRUVANANTHAPURAM - 695 020.
BY ADVS.
S.SREEKUMAR (SR.)
P.M.SANEER
P.MARTIN JOSE
THOMAS P.KURUVILLA
RESPONDENTS:
1 THE SECRETARY TO GOVERNMENT
HEATH & FAMILY WELFARE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE SECRETARY TO GOVERNMENT,
AYUSH DEPARTMENT, (B) HOMEO SECTION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
VIGILANCE (C) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
4 THE DIRECTOR
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2
W.P.(Crl.) No.877 of 2022
VIGILANCE AND ANTI-CORRUPTION BUREAU, PMG,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695
033.
5* V.P.PANICKER
AGED 73 YEARS
S/O K.R.VASUDEVAN PILLAI, RESIDING AT 158 AKG
NAGAR, PEROORKKADA, THIRUVANANTHAPURAM - 695
005.
*ADDL R5 IMPLEADED AS PER ORDER DATED
25/10/2022 IN IA1/2022.
BY ADVS.
R1 to R4 BY SMT REKHA S, SR PUBLIC PROSECUTOR
R1 to R4 BY SRI A RAJESH, SPL PUBLIC PROSECUTOR
(VIG)
R5 BY PIRAPPANCODE V.S.SUDHIR
R5 BY V.S.VARALEKSHMI
R5 BY AKASH S.
R5 BY GIRISH KUMAR M S
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
FINAL HEARING ON 11.02.2025, THE COURT ON 07.03.2025
DELIVERED THE FOLLOWING:
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3
W.P.(Crl.) No.877 of 2022
P.G. AJITHKUMAR, J.
-----------------------------------------------------------
W.P.(Crl.) No.877 of 2022
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Dated this the 7th day of March, 2025
JUDGMENT
The petitioner is the manager of Shree Vidyadhiraja
Homoeopathic Medical College, Thiruvananthapuram (for
short 'the College'), which is a Government aided institution.
The petitioner seeks to quash Ext.P14 and to direct the 3 rd
respondent to consider Ext.P15 representation within a time
frame fixed by this Court. Ext.P14 is an order issued by the
3rd respondent-Additional Chief Secretary, Vigilance
Department directing the 4th respondent-Director of Vigilance
and Anti-Corruption Bureau to conduct an enquiry into the
alleged irregularities in the appointment of non-teaching staff
in the College after 2009. In Ext.P15, the petitioner sought to
stay further action pursuant to Ext.P14 and to consider the
facts mentioned therein before undertaking any further
enquiry or investigation as contemplated in Ext.P14.
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2. The 3rd respondent filed a counter-affidavit
justifying Ext.P14. It is averred that in the light of the findings
in Ext.P9 report and other circumstances came to the notice
of the 3rd respondent, an enquiry into the allegations
concerning the appointment of non-teaching staff in the
College was found essential. It is also contended that the
petitioner has no locus standi at this stage to question the
enquiry permitted as per Ext.P14.
3. The additional 5th respondent got himself
impleaded. It was on the basis of his complaint, a vigilance
enquiry was ordered. Two complaints made by Dr.L.Tara, who
was the former Principal of the College, were also taken into
account. In his counter-affidavit, the additional 5 th respondent
raised detailed contentions concerning the ineligibility of the
petitioner to question a vigilance enquiry and also
substantiating the reasons for conducting such an enquiry. It
is contended that the petitioner while making appointments of
various staff members in the College, received hefty amounts
as bribe. It is alleged that in respect of appointment and
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maintenance of service records of, at least, nine non-teaching
staff, manipulations were made, including in their date of
appointment. It is alleged that the petitioner with the help of
the then Additional Secretary to Government, Ayush
Department did selection of such nine non-teaching staff
members and claimed that they have joined duty. While the
intention of the Government in issuing Ext.R5(b) order was to
accommodate the excess staff named therein in the vacancies
to be created, the management selected nine other persons.
On account of such irregular selection and appointments, the
Government sustained huge loss. In such circumstances, a
detailed vigilance enquiry as directed in Ext.P14 is inevitable.
It is accordingly contended that the writ petition has been
filed without any bona fides and locus standi.
4. Heard the learned Senior Counsel appeared on
instructions for the petitioner, the learned Senior
Government Prosecutor, the Special Government Prosecutor
(Vigilance) and the learned counsel for the additional 5 th
respondent.
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5. When Shree Vidyadhiraja Homoeopathic Medical
College started functioning as an aided Medical College, direct
payment system was introduced. Agreement entered into by the
College with the Government in that regard is Ext.P1. Initially the
strength of non-teaching staff was 27, which was increased to
48. As per Ext.P2 G.O. dated 11.01.2019, the staff pattern was
recognised. Therefore, the selection should have been in terms of
the Government instructions. The process of selection was
undertaken with a Government nominee in the Selection
Committee. 42 persons selected were approved by the
Government as per Ext.P4 order dated 28.02.2019. The
petitioner claims that five persons included in the select list were
included in the supernumerary post.
6. Dr.L.Tara was the Principal of the College till
20.05.2020. She was removed from the post following
disciplinary action. In the wake of her removal, Dr.L.Tara lodged
complaints one after the other alleging malpractices in the
appointment of non-teaching staff and maintenance of their
service records. It is seen that Dr.L.Tara approached this Court by
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filing W.P.(C) No.12265 of 2020 alleging that no proper action
was taken on her complaints. As per Ext.P6 judgment, that writ
petition was disposed of directing the Additional Chief Secretary,
Vigilance Department to ensure that appropriate action was taken
on the complaint submitted by Dr.L.Tara. In compliance of the
said direction, an enquiry was conducted by the 2 nd respondent-
Secretary to Government, Ayush Department and the report
thereon is Ext.P9. The conclusions in Ext.P9 are the following:
"21. Considering all these points, it seems that back-dated
appointment orders and probation declaration orders of many
staff were placed before the Government nominee in the
Selection Committee meeting held on 16.01.2019. Based on the
documents, the Selection Committee recommended appointment
of 42 individuals to the posts created vide orders of 11.01.2019.
However, the Selection Committee minutes did not indicate the
date of appointment of these staff. The G.O. of 28.02.2019 also
therefore has regularised the staff with effect from 11.01.2019
only.
22. In view of these details, it seems that appointments of non-
teaching staff of SVHMC Nemom, appointed at least after 2009,
needs to be probed in detail through a full-fledged vigilance
enquiry.
23. We may request Vigilance Department to order a full-fledged
enquiry into appointments of non-teaching staff at SVHMC,
Nemom. Action is being initiated in the regular file (Ayush B2-
205/2018) to cancel/modify G.O.(Ms) No.5/2019/Ayush of Ayush
(B) Department dated 28.02.2019."
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7. It was based on the said report, the 3 rd respondent
accorded prior approval as envisaged in Section 17A of the
Prevention of Corruption Act, 1988 (PC Act) to conduct an
enquiry as recommended therein. It is seen that the
additional 5th respondent submitted a complaint dated
17.08.2020 before the 3rd respondent-Additional Chief
Secretary alleging various kinds of malpractices in creation of
various posts of non-teaching staff and their selection and
appointment in the College. That complaint resulted in holding
of a confidential enquiry by the Vigilance and Anti-Corruption
Bureau. Ext.P11 is the report. The findings in the said report
are the following:
"പരരാതതിയതിൽ ഉന്നയതിചതിടട്ടുള ആരരരാപണങ്ങൾ വവ്യക്തവട്ടുവ
വസസസതട്ടുതരാപരമരായ തതളതിവട്ടുകളട്ടുതട അടതിസരാനതതിൽ
നതിലനതിൽകട്ടുന്നതല. കകൂടരാതത ശശശ. വതിദവ്യരാധതിരരാജരാ രഹരാമതിരയരാ
തമഡതികൽ രകരാരളജതിതല സരാഫസ നതിയമനവ വൻ തട്ടുക
കകകകൂലതിവരാങ്ങതിയതരാതണന്ന ആരരരാപണസ ങ്ങൾകപട്ടുറവ
യരാതതരാരട്ടു തതളതിവട്ടുവസ ഇല. നതിലവതിതലസ ശപതിൻസതിപൽ ശശശമതതി
തരാരയട്ടുതട വരാദങ്ങതള ഖണതികട്ടുന്ന തതളതിവട്ടുകളരാണസ
ലഭവ്യമരായതിടട്ടുളതസ. ടതിയരാൾ ഒരട്ടു ദതിവസവ വവ്യതവ്യരാസതതിൽ
നൽകതിയ പരരാതതിയതിതല ആരരരാപണ വതിരധയരട്ടുതട രപരതിലട്ടുവ,
എണ്ണതതിലട്ടുവ വവ്യതവ്യരാസമട്ടുണസ. കകൂടരാതത ടതിയരാൾ സർകരാരതിരലകസ
എഴട്ടുതതി അയച സവഗതതികസ ഘടകവതിരട്ടുദ്ധമരായ കരാരവ്യങ്ങളരാണസ
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പരരാതതിയതിൽസ ഉന്നയതിചതിരതികട്ടുന്നതസ. പരരാതതികരാരനരായ ശശശ.
വതി.പതി.പണതികരട്ടുതട ആരരരാപസ ണങ്ങൾ വസസസതട്ടുതരാപരമരായതി
നതിലനതിൽകട്ടുന്നതരാരയരാസ ആരരരാപണങ്ങൾകസ ഉരപരാതസത്ബല
കമരായസ തതളതിവട്ടുകരളരാ ഇല.
സർകരാർ ഉതരവസ ശപകരാരവ രകൂപശകരതിച തസലക്ഷൻ
കമതിറതിയതിൽ അവഗമരായതി രനരാമതിരനറസ തചെയ്യതപട ശശശ.ഭകൂഷൺ
സതവ്യസന്ധനട്ടുവ, നരാളതിതട്ടുവതര യരാതതരാരട്ടു ആരരരാപണവട്ടുവ
രനരതിടതിടതിലരാതതട്ടുമരായ കളങ്കരഹതിതമരായ ഉരദവ്യരാഗസനരാണസ.
കകൂടരാതത ടതിയരാനതിൽ നതിയമരാനട്ടുസസൃതവട്ടുവ നതിക്ഷതിപസസതവട്ടുമരായ
ചെട്ടുമതല നതിർവ്വഹതികട്ടുക മരാശതരമ തചെയയതിടട്ടുളകൂ. ആയതതിനരാൽ ടതി
പരരാതതിയതിൽ തട്ടുടർനടപടതി ആവശവ്യമതിലസ എന്ന ശട്ടുപരാർശ
സമർപതിചട്ടുതകരാളട്ടുന്നട്ടു. ."
8. The petitioner would contend that when the
Vigilance and Anti-Corruption Bureau had already conducted a
thorough enquiry into the allegations concerning the creation
of posts, selection, appointment and maintenance of service
records of the non-teaching staff members and arrived at the
conclusion that the allegations were baseless, there is
absolutely no justification for the 3 rd respondent according
previous approval for another enquiry/investigation. It is
further submitted that Ext.P11 report was not brought to the
notice of the 3rd respondent and that was the reason why
Ext.P14 order happened to be issued. When every aspect of
the allegations raised by not only the additional 5th
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respondent, but also Dr.L.Tara, the former Principal, were
thoroughly enquired into and found to be baseless, there is no
reason or rhyme for a further investigation. Accordingly, the
petitioner claims that Ext.P14 is liable to be set aside.
9. The learned Senior Counsel for the petitioner would
point out that as held by the Apex Court in Lalita Kumari v.
Government of U.P. and others [(2014) 2 SCC 1] a
preliminary inquiry was already conducted and therefore the
Vigilance and Anti-Corruption Bureau cannot unleash another
such enquiry especially when the conclusion arrived at is that
the allegations are baseless. In the complaint submitted by
the additional 5th respondent, there are allegations that huge
amounts were received by making appointments of non-
teaching staff in the College. It was also alleged that in the
case of nine staff members the records were manipulated with
a view to accommodate them who were already overaged. For
that purpose the service books of those nine persons were
allegedly manipulated as well. Inclusion of the Additional
Secretary to Government, Ayush Department in the Selection
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Committee was said to be against Government norms and
without permission from the Government. In the matter of
creation of posts also, serious allegations are raised.
10. The complaints raised by Dr.L.Tara were mainly
regarding manipulation of the service records of a few staff
members, the object whereof also was said to be to convince
the Government that such persons were in service much
before their appointment. She even alleged that her
signatures were forged in the service books and other records
misusing her seals in the capacity of Vice Principal and
Principal. The further allegation raised was that the
management tried to appoint different persons than those
who were included in Ext.R5(b) G.O. as excess staff.
11. A perusal of Ext.P11 would show that all those
allegations were thoroughly enquired into. It was concluded
that there was no material at all to support the allegation that
the management of the College received huge amount as
bribe for providing appointments to non-teaching staff. Having
regard to the contradictory nature of the allegations in the
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successive complaints submitted by Dr.L.Tara and had enquiry
into the allegations therein, it was observed that her
allegations concerning misuse of her signature and seal were
incorrect. In the enquiry conducted by the Vigilance and Anti-
Corruption Bureau, no materials to substantiate the
allegations that various posts in the College got sanctioned
illegally and the constitution of the Selection Committee or its
proceedings are vitiated, could be collected.
12. The findings in Ext.P9 report are not in agreement
with the findings in Ext.P11. There are findings in Ext.P9
report that appointment and declaration of probation of a few
staff members were made with pre-date. Other than that
there have been attempts from the part of the management
of the College to show that a few of the non teaching staff
were appointed on dates prior to the Government order dated
11.01.2019, there is no findings in Ext.P9 as to any other
corruption elements.
13. It may be noted that 48 posts of non-teaching staff
were created in the College following various litigations before
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this Court and deliberations at the Government level. It cannot,
therefore, be said that in the matter of creation of those posts
there occurred any element of corruption. Similar is in the
matter of constitution of a Selection Committee and the process
of selection. As regards the appointment of 42 persons to
various posts of non-teaching staff, there is a Government order
and in that matter also no element of corruption can be
attributed. In the said circumstances, issuing a blanket order,
Ext.P14 enabling a sweeping enquiry/investigation into the
allegations contained in complaints put in by the additional 5 th
respondent and Dr.L.Tara is incorrect. What can be permitted is
an enquiry/investigation concerning the matters connecting to
the efforts allegedly put in by the management of the college to
show that a few non teaching staff were appointed on the dates
earlier to their actual appointment. To the above extent Ext.P14
is liable to be sustained. Certainly, during such
enquiry/investigation, the materials provided by the petitioner,
particularly, facts mentioned in Ext. P15 shall also be taken into
account.
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With the aforesaid observations, this writ petition is
disposed of.
SD/-
P.G. AJITHKUMAR, JUDGE
dkr
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APPENDIX OF WP(CRL.) 877/2022
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE AGREEMENT DATED
21.06.2003 ENTERED INTO BETWEEN THE
GOVERNMENT AND SECRETARY VIDHYADHIRAJA
VIDHYA SAMAJAM.
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER G.O.
(M.S) NO.2/2019/AYUSH DATED 11.01.2019
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE MINUTES OF THE
SELECTION COMMITTEE FOR NON-TEACHING
STAFF DATED 16.01.2019.
EXHIBIT P4 A TRUE COPY OF THE GOVERNMENT ORDER
G.O. (M.S) NO.5/2019/AYUSH DATED
28.02.2019 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE REMARKS DATED
10.06.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 12265/2020 DATE 22.07.2020 OF THIS
HON'BLE COURT.
EXHIBIT P7 A TRUE COPY OF THE HEARING NOTE DATED
27.11.2020 SUBMITTED BY THE
PETITIONER.
EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION DATED
29.04.2019 OF THE ADDITIONAL CHIEF
SECRETARY (FINANCE) AND STAFF PATTERN
SUBMITTED BY THE PRINCIPAL.
EXHIBIT P9 A TRUE COPY OF THE INQUIRY REPORT FILE
NO. AYUSH B2-116/2020 DATED
30.01.2021.
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EXHIBIT P10 A TRUE COPY OF THE GOVERNMENT ORDER
G.O. (M.S) NO.10/2021/AYUSH DATED
30.03.2021 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P11 A TRUE COPY OF THE REPORT VIDE NO.
CV05/2020/SRT DATED 04.05.2021 OF THE
VIGILANCE AND ANTI-CORRUPTION BUREAU
OBTAINED UNDER RTI ACT.
EXHIBIT P12 A TRUE COPY OF THE GOVERNMENT ORDER
G.O. (RT.) NO.233/2022/AYUSH DATED
28.05.2022 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P13 A TRUE COPY OF STATEMENT FILED BY THE
VIGILANCE IN WP (CRL) 515/2022 BEFORE
THIS HONOURABLE COURT .
EXHIBIT P14 A TRUE COPY OF THE ORDER NO. VG-
C2/310/2020 BG DATED 29.08.2022 ISSUED
BY THE 3RD RESPONDENT.
EXHIBIT P15 A TRUE COPY OF THE REPRESENTATION NO.
SVVS/81/22 DATED 15.09.2022 SUBMITTED
BY THE PETITIONER BEFORE THE CHIEF
MINISTER.
EXHIBIT P16 A TRUE COPY OF THE INTERNAL
COMMUNICATION ISSUED BY THE 4TH
RESPONDENT TO THE 3RD RESPONDENT,
NO.CPSP-1-12496/2020/DVACB DATED
17/6/2020, OBTAINED UNDER RTI ACT
RESPONDENT EXHIBITS
EXHIBIT R5(A) TRUE COPY OF THE AGREEMENT WAS ENTERED
INTO BETWEEN THE GOVERNMENT AND THE
SECRETARY, SREE VIDYADHIRAJA VIDYA
SAMAJAM ON 21.6.2003
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EXHIBIT R5(B) TRUE COPY OF THE G.O.(MS)NO.346/2008/H
AND FWD DATED 9.7.2008
EXHIBIT R5(C) TRUE COPY OF THE G.O.(MS)NO.376/2009/H
AND FWD DATED 30.10.2009
EXHIBIT R5(D) TRUE COPY OF THE GO(MS.) NO.185/2012/H
AND FWD DATED 18.06.2012
EXHIBIT R5(E) TRUE COPY OF THE GO (MS.)
NO.213/2012/H AND FWD DATED 07.07.2012
EXHIBIT R5(H) TRUE COPY OF THE RELEVANT EXTRACT OF
THE SERVICE BOOK OF
SMT.SREERANJINI.L.S
EXHIBIT R5(F) TRUE COPY OF THE RELEVANT EXTRACT OF
THE SERVICE BOOK OF SMT.LATHAKUMARI
EXHIBIT R5(G) TRUE COPY OF THE RELEVANT EXTRACT OF
THE SERVICE BOOK OF SMT.SHEEJA D.S
EXHIBIT R5(I) TRUE COPY OF THE RELEVANT EXTRACT OF
THE SERVICE BOOK OF SHRI.RAJKUMAR N.S
EXHIBIT R5(J) TRUE COPY OF THE RELEVANT EXTRACT OF
THE SERVICE BOOK OF SMT.SIMI.P.S
EXHIBIT R5(K) TRUE COPY OF THE RELEVANT EXTRACT OF
THE SERVICE BOOK OF SMT.SREEKALA.L.R.
EXHIBIT R5(L) TRUE COPY OF THE RELEVANT EXTRACT OF
THE SERVICE BOOK OF SHRI.SUDHEER.J
EXHIBIT R5(M) TRUE COPY OF THE RELEVANT EXTRACT OF
THE SERVICE BOOK OF SHRI.VISHNU
EXHIBIT R5(N) TRUE COPY OF THE RELEVANT EXTRACT OF
THE SERVICE BOOK OF ONE SRI.ANTONY.K
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EXHIBIT R5(O) TRUE COPY OF THE ATTENDANCE REGISTER
OF THE NON-TEACHING STAFF RELATING TO
THE MONTH OF AUGUST 2016 OF SREE
VIDHYADHIRAJA HOMEOPATHIC COLLEGE,
NEMOM, THIRUVANANTHAPURAM
EXHIBIT R5(P) TRUE COPY OF THE ATTENDANCE REGISTER
OF THE NON-TEACHING STAFF RELATING TO
THE MONTH OF MARCH 2017 OF SREE
VIDHYADHIRAJA HOMEOPATHIC COLLEGE,
NEMOM, THIRUVANANTHAPURAM
EXHIBIT R5(Q) TRUE COPY OF THE ATTENDANCE REGISTER
OF THE NON-TEACHING STAFF RELATING TO
THE MONTH OF DECEMBER 2018 OF SREE
VIDHYADHIRAJA HOMEOPATHIC COLLEGE,
NEMOM, THIRUVANANTHAPURAM
