IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WA.No. 1763 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.16148/2009 Dated 17/07/2009 .................... APPELLANT(S): RESPONDENT IN THE WPC ---------------------- STATE OF KERALA,REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,GENERAL ADMINISTRATION DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SRI.BENJAMIN PAUL. RESPONDENT(S): PETITIONER IN WPC -------------------------------- V.SHIBU,S/O.VARGHESE,(LATIN XIAN NADAR) V.R.BHAVAN,MOOCHUMUTTAMVILA VEEDU,THIRUPURAM(TVM), NOW RESIDING AT NELLULI HOUSE,PERUVATTOOR, KOYILANDY,KOZHIKODE DISTRICT. BY ADV. SRI.V.A.MUHAMMED BY ADV. SRI.M.SAJJAD THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, Ag.C.J. & C.N.RAMACHANDRAN NAIR, J. ------------------------------- W.A.No. 1763 of 2009 ------------------------------- Dated this the 22nd day of February, 2010 J U D G M E N T Raman, Ag.C.J. State of Kerala has come up in appeal against the judgment of the learned Single Judge in W.P.(C) No.16148 of 2009. Respondent is the petitioner in the writ petition. He was an applicant to the post of Full Time Worker/Sanitation Worker in the Administrative Secretariate. He was selected and appointed on his name being sponsored by the Koyilandy Employment Exchange. As per the Employment Registration Card and the Driving Licence, the first respondent is a resident of Kozhikode District. But the S.S.L.C. Book and the Electoral Card issued to him would show that he belongs to Thiruvananthapuram District. So, a doubt arose as to the identity of the person. Hence Ext.P9 memo was issued and the appointment order issued by the Government was kept in abeyance till vigilance investigation is conducted, against which first respondent has approached this W.A.No.1763/2009 2 Court by filing the writ petition. At the time of admission of the writ petition, an interim order was passed directing the Director General of Police to depute an officer of his choice to enquire and ascertain whether the petitioner and the person named in the the S.S.L.C. Book, Electoral Card, Identity card issued by the Employment Officer and the Driving Licence is one and the same person. In such circumstances, the learned Single Judge thought that further investigation need not be conducted and directed the appointment of the first respondent, since the identity of the person no longer opened to be doubted. Challenging the same, the State has filed this appeal. 2. At the time of admission of the writ appeal, no stay was granted, but an interim direction was issued to appoint the petitioner, on condition that if ultimately in the enquiry held, the findings are against him, the appellant can proceed in accordance with law. Liberty having been thus reserved against the appellant, no further orders are called for in the writ W.A.No.1763/2009 3 appeal. The interim order is made absolute, thus modifying the order passed by the learned Single Judge. The writ appeal is closed with the above observation. P.R.RAMAN, Ag. CHIEF JUSTICE C.N.RAMACHANDRAN NAIR, JUDGE nj.