PSC chairman moved Kerala HC without Commission nod, members tell Crime Branch

Thiruvananthapuram: M R Baiju, Chairman of the state Public Service Commission (PSC), had approached the Kerala High Court seeking a ban on the Crime Branch investigation into alleged exam malpractices without the approval of the Commission.

The petition for cancelling the government order entrusting the Crime Branch with the task of investigating the case and further procedures was submitted before the High Court in September this year by the PSC through its Secretary.

However, the subject of legal action was neither discussed in the Commission nor approval obtained.

A few PSC members had earlier given statements to the Crime Branch which revealed that a team led by the Chairman had approached the High Court without their knowledge.

As per records, the subject of the Crime Branch investigation was discussed at the PSC meeting held on July 13 this year. This meeting entrusted the Chairman with the responsibility of carrying out further procedures when the Crime Branch issues a notice for questioning. It is learnt that the Chairman initiated legal procedures against the Crime Branch based on this decision of the Commission. However, legal experts pointed out that the Chairman violated the rule which states that special approval is necessary from the Commission to resort to legal action against an investigation.

In another curious aspect, a private advocate appeared for the Commission to submit the petition, despite the normal practice of assigning the Standing Counsel in the High Court with cases related to the PSC.

Crime Branch move
Meanwhile, the Crime Branch is planning to question the PSC Chairman and the Commission officials, who are the accused in the case filed over the malpractices in the Planning Board Chief post, together. During the questioning, the investigating team will seek more details on the alleged involvement of the Chairman in the written exam and evaluation process.

Incidentally, Baiju has been served a notice to appear at the Crime Branch office for questioning at 2 pm on Tuesday. The investigators are also likely to submit an application on Monday seeking custody of PSC Additional Secretary R Hari and former Deputy Secretary P Satheesh, who are currently in remand.

At the same time, it is not known whether Baiju, who had, last week, rejected the notice to question him, would appear before the Crime Branch on Tuesday.