IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 WP(C).No. 29459 of 2007(F) -------------------------- PETITIONER: ------------ KERALA STATE SCIENCE & TECHNOLOGY MUSEUM EMPLOYEES UNION, REG.NO. 01/47/90, PULIMOODU, G.P.O, THIRUVANANTHAPURAM. REP. BY ITS WORKING PRESIDENT KUNNUKUZHY G. SURESH. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE SCIENCE & TECHNOLOGY MUSEUM, THIRUVANANTHAPURAM, REP. BY ITS DIRECTOR. 3. PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. 5. SRI. S.L.P.MAHAMOOD, DIRECTOR, KERALA STATE SCIENCE & TECHNOLOGY MUSEUM, THIRUVANANTHAPURAM. BY ADV. SRI.K.I.ABDUL RASHEED FOR R2 SRI.O.V.RADHAKRISHNAN (SR.) FOR R5 SMT.K.RADHAMANI AMMA FOR R5 SRI.ANTONY MUKKATH FOR R5 SR.GOVT. PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 29459/2007 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE NOTIFICATION DTD. 31.12.91. EXT.P2 - TRUE COPY OF THE NOTIFICATION DTD.29.01.92. EXT.P3 - TRUE COPY OF THE NOTIFICATION INVITING APPLICATION FOR THE POST OF DY.DIRECTOR. EXT.P4 - TRUE COPY OF THE APPOINTMENT ORDER DTD. 2.12.03. EXT.P5 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH RESPONDENT ALONG WITH PROFILE. EXT.P6 - TRUE COPY OF THE MINUTES OF THE SUB COMMITTEE. EXT.P7 - TRUE COPY OF THE QUESTIONNAIRE DATED 28.3.2005. EXT.P8 - TRUE COPY OF THE COMMUNICATION DATED 5.6.2007. EXT.P9 - TRUE COPY OF THE COMMUNICATION DATED 28.6.2007 EXT.P10 - TRUE COPY OF THE COMMUNICATION RECEIVED FROM THE HEADMASTER DATED 5.9.2007. EXT.P11 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 24.7.2007. EXT.P12 - TRUE COPY OF GO.(RT) NO.1808/07/H.EDN. DATED 24.10.2007. EXT.P13 - TRUE COPY OF G.O.(RT) NO.233/08/H.EDN. DATED 7.2.2008. EXT.P14 - TRUE COPY OF G.O.(RT) NO.829/08/H.EDN. DATED 30.5.2008. EXT.P15 - TRUE COPY OF GOVT. LETTER NO.6147/B1/2008/VIG. DATED 1.7.2008. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 29459 OF 2007-F ----------------------------------------- Dated 17th September, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, challenging the appointment of the 5th respondent as Director of Kerala State Science & Technology Museum, Thiruvananthapuram on various grounds. During the pendency of the writ petition, the Government have suspended the said respondent by Ext.P14 order, produced along with I.A.No.11062/2008. Further, the Government have directed the Director of Vigilance and Anti Corruption Bureau to conduct an enquiry into the allegations against him and to furnish a report at the earliest, by Ext.P15 communication dated 1.7.2008. The said communication also forwards to the said officer an enquiry report dated 4.4.2008 submitted by the Additional Secretary to Government, Higher Education Department. WPC 29459/07 2 2. The petitioner submits, there are various irregularities involving the 5th respondent and the present vigilance enquiry under Ext.P15 appears to be confined only to one allegation. Therefore, the Government may be directed to enquire into all other allegations raised against the said respondent in Ext.P11 representation, it is submitted. 3. The Government have already initiated action against the 5th respondent and suspended him. If the petitioner is not satisfied with the scope and ambit of the enquiry presently ordered, its remedy lies in moving the Government itself. In view of the above position, the writ petition is closed without prejudice to the contentions of both sides. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/