IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 5050 of 2008(S) ------------------------- OA.46/2006 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ R. RAJENDRAN, RETIRED DEPUTY CONSERVATOR OF FORESTS, "SARAS", TC.75/142, ANAYARA POST, THIRUVANANTHAPURAM-695 029. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF FORESTS AND ENVIRONMENT, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE PRINCIPAL SECRETARY, FOREST & WILD LIFE DEPARTMENT, TRIVANDRUM-4. BY SRI.P.PARAMESWARAN NAIR, ASST.S.G. SRI.M.P.PRAKASH, SPL. GOVT.PLEADER (FORESTS) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 5050 OF 2008-S ----------------------------------------- Dated 18th February, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner was the applicant in O.A.No.46/2006 before the Central Administrative Tribunal, Ernakulam Bench. The respondents are the respondents therein. Ext.P1 is the said O.A. The petitioner was included in the select list for appointment to I.F.S., in the vacancies available for the year 1994-95. Since the State Government did not issue the Integrity Certificate, he was not appointed. Challenging the refusal of the Government to issue Integrity Certificate, the O.A was filed. From the evidence available on record, including Ext.P8, it is clear that Vigilance Case No.18/84/SIU was registered against the petitioner and in that case final report has been filed and the Vigilance Court has taken on file the said case as C.C.No.30/2002. The charge has been framed against the accused petitioner and the case is awaiting its turn for examination of the witnesses. In view of the pendency of the said case, the State Government declined to WPC 5050/2008 2 grant Integrity Certificate. The petitioner has got a case that the Government have already taken a decision to withdraw that case. But, it is not disputed that the Prosecutor has not moved for withdrawing that case and the court concerned has not taken any decision in the matter also. Therefore, the pendency of the criminal case against the petitioner is an undisputed relevant fact, based on which Integrity Certificate was declined. In view of the said position, the challenge against the refusal of the Government to issue Integrity Certificate has been repelled by the C.A.T. Going by the above admitted fact of pendency of the criminal case, we find no reason to interfere with the decision of the C.A.T. In the result, the Writ Petition fails and it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/