Kochi: The Kerala Public Service Commission (KPSC) has approached the High Court challenging the prosecution sanction and the Crime Branch FIR registered against its officials and members over alleged irregularities in the examination conducted for recruitment to a post in the State Planning Board.

The KPSC and its Chairman have sought to quash the sanction order and FIR, contending that the commission is a constitutional and autonomous body and that the State government has no authority to sanction prosecution against its members and staff.

The case relates to the recruitment process for the post of Chief (Industry & Infrastructure Division) in the State Planning Board. The KPSC had issued a notification for the post in 2022, following which a written examination was conducted, and a shortlist containing 10 candidates was published in February 2025.

One of the shortlisted candidates subsequently approached the Kerala Administrative Tribunal (KAT), alleging that 10 questions in the examination had not been evaluated.

Following the complaint, the KPSC ordered a preliminary inquiry in June 2026. The commission's Internal Vigilance Officer found that there had been an error in the evaluation of one of the answer papers.

According to the inquiry report, one question had not been evaluated in 177 answer scripts, while nine questions had not been evaluated in all 228 answer scripts.

The KPSC subsequently decided to take corrective measures in accordance with its Rules of Procedure. The KAT also passed an order permitting the commission to proceed with the corrective process.

Meanwhile, the State government decided to initiate prosecution and granted sanction under the Prevention of Corruption Act to prosecute KPSC staff members and officials. The Crime Branch subsequently registered a case alleging offences under Section 316(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 7(c) and 13(1)(a) of the Prevention of Corruption Act and notices were also issued to the KPSC staff members and officials.

Challenging the prosecution sanction and FIR, the KPSC and its Chairman contended before the High Court that the commission is a constitutional and autonomous body that does not function under the control of the State government.

The plea points out that KPSC members are appointed by the Governor, while their removal and suspension are subject to the constitutional procedure involving the President.

The petitioners have also contended that the offences alleged against the KPSC officials cannot be sustained, as the failure to evaluate certain questions was an inadvertent error and not an act of misconduct. They argued that the commission is empowered to rectify such errors under Rule 15A of the KPSC Rules of Procedure. The plea therefore seeks to quash both the prosecution sanction and the FIR registered by the Crime Branch.

The petitioners have also sought a declaration that the KPSC and its staff are not employed in connection with the affairs of the State and, therefore, the State government cannot grant sanction to prosecute them. Meanwhile, as an interim measure, the KPSC and its Chairman have sought a stay on all further proceedings in the Crime Branch case.
(With LiveLaw inputs)