The Kerala High Court on Tuesday directed Additional Chief Secretary, Home & Vigilance Department, Minhaj Alam, to personally appear before it over the alleged non-compliance with its earlier directions in a complaint seeking a Vigilance inquiry against DGP S Sreejith.

Justice A Badharudeen passed the order while hearing a writ petition challenging a compliance report submitted by the Additional Chief Secretary, which concluded that the allegations against Sreejith were “false and vexatious.”

The petitioner had alleged that Sreejith travelled to Dubai on casual leave without obtaining permission to go abroad and attended the inauguration of a private enterprise. The petitioner further alleged that the enterprise belonged to Sreejith.

The High Court had earlier directed an inquiry into the complaint. Subsequently, the Additional Chief Secretary issued a notice asking the petitioner to appear for a hearing. The petitioner objected to being required to participate in a joint hearing with Sreejith, the officer against whom the allegations were made, and declined to attend. He, however, expressed his willingness to appear separately before the Vigilance authorities and submit documents supporting his allegations.

Despite this, the Government later submitted a compliance report stating that the allegations were false and vexatious. The petitioner challenged the report, contending that it was prepared without complying with the court's direction.

The High Court had previously observed that requiring a complainant to make serious allegations against an individual in that person's presence could not be considered a fair procedure. It had directed the Additional Chief Secretary to provide the petitioner an independent hearing, without Sreejith being present, before taking further action.

On Tuesday, the court was informed that the authorities had sought additional time to comply with the earlier judgment. It was also submitted that Sreejith had been promoted without the earlier judgment being taken into consideration.

Taking note of the alleged non-compliance, the court directed the Additional Chief Secretary to personally appear before it on Thursday.

The court had recently also questioned the hurried promotion of Sreejith as DGP amid allegations of corruption.
(With LiveLaw inputs)