IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 21222 of 2009(S) -------------------------- PETITIONER: -------------- KERALA STATE WAREHOUSING CORPORATION EMPLOYEES UNION (CITU), REG.NO.07-41-90, REPRESENTED BY ITS JOINT SECRETARY, SRI.K.VIJAYAKUMAR, KERALA STATE WAREHOUSING CORPORATION, P.B.NO.1727, KOCHI-16. BY ADV. SRI.ASOK M.CHERIAN RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE (PU) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE WAREHOUSING CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, ERNAKULAM. 3. THE CHAIRMAN OF BOARD OF DIRECTOR OF KERALA STATE WAREHOUSING CORPORATION, OFFICE OF THE KERALA STATE WAREHOUSING CORPORATION ERNAKULAM. 4. A.RAJENDRAN PANICKER, GENERAL MANAGER (CONSTRUCTION), KERALA STATE WAREHOUSING CORPORATION, ERNAKULAM. R1 BY ADDL.ADVOCATE GENERAL SRI.RENJITH THAMPAN, GOVT. PLEADER, SRI.SANTESH RAJA. R2 & R3 BY ADV. SRI.MAJNU KOMATH, SC, K.S.W.C. R4 BY ADV. SRI.P.GOPINATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, ALONG WITH WP(C) No. 20894 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 21222 and 20894 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2009 JUDGMENT Kurian Joseph, J. These writ petitions are filed in public interest, essentially challenging the order dated 20.07.09 whereby the party respondent has been put in charge as Managing Director of the Kerala State Warehousing Corporation to look after the current duties of the Corporation. The main allegation is that the 3rd respondent cannot be appointed as a Managing Director, since allegedly he is facing vigilance enquires. 2. Learned Additional Advocate General and the learned counsel appearing for the third respondent submit that there is only an enquiry into a complaint before the vigilance court. Be that as it may, the main contention of the writ petitioners is that going by the Circular issued by the Government, unless there is clearance from the Vigilance Department, WP(C)Nos.21222 and 20894 OF 2009 -:2:- appointment to the post of Chief Executives/Managing Directors of Corporations, Board etc. cannot be made. It is profitable to extract the Circular dated 09.11.2001 which reads as follows: “It has come to the notice of Government that while making appointments to the posts of Chief Executives/Managing Directors in Corporations/Boards/ Public Sector Undertakings Vigilance Department's clearance is not being taken as a pre condition for such appointments. It is therefore ordered that hereafter in all such appointments in Boards/Corporations/Public Sector Undertakings, Vigilance Department's prior clearance will be obtained which should be clearly recorded when recommendations are made. A clear report shall be obtained from the Vigilance Department about pending enquiries, FIRs and cases charged if any, before processing such appointments.” 3. The said Circular still holds the field. Therefore, we dispose of these writ petitions making it clear that any appointment to the post of Managing Director of the WP(C)Nos.21222 and 20894 OF 2009 -:3:- respondent Corporation and other appointments referred to in the Circular shall be made only in proper compliance with the Circular extracted above. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb