Thiruvananthapuram/Kochi: The Kerala government is likely to move the high court against the adverse Lok Ayukta order on former minister K T Jaleel over his abuse of power and nepotism. The government has received a legal opinion in this regard from the Advocate General (AG), the top law officer of the State.
The government can approach the court as the State government didn't get an opportunity to explain its position to the Lok Ayukta, Advocate GeneralC P Sudhakara Prasad advised.
The AG has also given the legal opinion that the Lok Ayukta verdict was not as per rules.
The AG has observed that the Lok Ayukta verdict directing the removal of Jaleel from Cabinet does not comply with the Rule 9 of Lok Ayukta Act. The Rule 9(3) A says that once it is decided to probe the matter, then the public servant concerned and superior officer should be given a notice along with the copy of the complaint. This was not complied with in Jaleel's case. The copy of complaint came along with the copy of verdict.
The Lok Ayukta, the anti-corruption ombudsman, has to comply with the procedures of a civil court.
Jaleel, who was the Minister for Higher Education and Minority Welfare, resigned on Tuesday a few days after the Lok Ayukta held him guilty of nepotism and said he had no right to continue in office. He landed in trouble for facilitating the appointing of his close relative, K T Adeeb, as the General Manager of the Kerala State Minority Development Corporation.
Official documents reveal that Jaleel had the approval of the chief minister to alter the educational qualifications for aiding Adeeb's appointment. Even though the appointment was made on the direction of Jaleel, the relaxation in the eligibility condition was approved by the State government.
The government had sought legal opinion following the assessment that minister's resignation amounted to a political setback to the Left Democratic Front regime.
The court's refusal to grant stay on Jaleel's petition also paved the way for the initiating the latest move. The petition filed by Jaleeel against the Lok Ayukta order has been set aside for orders after preliminary arguments. The petition has also pointed out that the procedures were not complied with in his case.
CPM advice to Jaleel
The CPM, which leads the LDF, has asked Jaleel to explain before the people the circumstances under which he did not resign soon after the verdict and why he chose to step down later.
The government initially took a stand in favour of Jaleel, but later the CPM top brass advised him to quit without waiting for the HC response on his petition.
Indebted to chief minister: Jaleel
Before returning to Malappuram after resigning from the Cabinet, Jaleel expressed his gratitude to Chief Minister Pinarayi Vijayan. In his Facebook post, Jaleel said that he cannot forget for the rest of his life the chief minister's fatherly intervention, affection, advise, reprimand and suggestions during his tenure as a member of the Cabinet.
CPM leaders Kodiyeri Balakrishnan and Vijayaraghavan had treated me like a brother. I also thank the officials of my department, he further stated.
Jaleel left his official residence in Thiruvananthapuram on Vishu and reached his home at Valanchery in Malappuram district.
He has been advised 10 days complete rest as he underwent a plastic surgery.
