Officers facing vigilance FIR after preliminary enquiry ineligible for promotion: HC

The Kerala High Court has held that a person against whom the Vigilance and Anti-Corruption Bureau (VACB) has registered a First Information Report (FIR) following a preliminary enquiry and with the required approval should be excluded from the promotion list.

A Division Bench comprising Justice A Muhamed Mustaque and Justice P Krishna Kumar ruled that the condition under Note (i) of Rule 28(b)(i)(7) of Part II of the Kerala State and Subordinate Services Rules (KS&SSR) is satisfied once vigilance proceedings commence based on such an enquiry. This includes situations where an FIR is filed by the Vigilance following the enquiry.

This ruling stemmed from a petition filed by an individual appointed as Deputy Transport Commissioner. Another candidate, who was also included in the select list but was junior to the petitioner, challenged the appointment before the Kerala Administrative Tribunal. The challenge was based on the fact that the Vigilance had filed an FIR against the petitioner in a corruption case.

The Tribunal ruled in favour of the complainant, disqualifying the petitioner from promotion. Upon appeal, the High Court upheld the Tribunal’s decision and dismissed the petition.
(With Live Law Inputs)