Can't include those under probe in corruption case in promotion list, rules Kerala high court

Kochi: An officer against whom an FIR has been lodged in a graft case is not entitled to be included in the select list for promotion, Kerala high court has held.

The court was considering a petition by the deputy transport commissioner challenging a Kerala Administrative Tribunal (KAT) order. The petitioner had earlier been appointed as deputy transport commissioner, but his promotion was challenged before the KAT by a regional transport officer (RTO). The RTO contended that a graft case had been registered against the petitioner, making him ineligible for promotion. Although the RTO was also included in the selection list, he could not be appointed as he was junior to the petitioner, and no further vacancy was available in the cadre. The KAT ruled in favour of the RTO, prompting the deputy transport commissioner to approach high court.

The petitioner argued that the mere registration of an FIR following a preliminary enquiry was not sufficient to exclude an officer from the promotion list. He contended that approval for prosecution under Section 19 of the Prevention of Corruption Act, 1988, was also required.

However, the division bench of Justices A Muhamed Mustaque and P Krishna Kumar observed that there was no dispute that an FIR had been registered against the petitioner after a preliminary enquiry and after obtaining prior approval. The court held that this was sufficient to disqualify such officers from inclusion in the select list for promotion. Accordingly, the court held that Note (i) to Rule 28(b)(i)(7) of Part II of the Kerala State and Subordinate Services Rules (KS&SSR) prohibits the petitioner's inclusion in the select list. The tribunal's decision, therefore, was found to be unimpeachable.