Kochi: The Kerala High Court on Monday sharply questioned the state government’s decision to promote senior IPS officer S. Sreejith (1996 batch) to the rank of Director General of Police (DGP) while corruption-related allegations against him remain under consideration, observing that the promotion appeared to have been made in undue haste.
During the hearing, Justice A. Badharudeen orally remarked that the government ought to have obtained a fresh vigilance clearance before granting the promotion, particularly when two separate allegations against the officer are still pending. The court also questioned why the state proceeded with the promotion despite earlier judicial directions requiring reconsideration of the allegations.
The observations came during the hearing of a petition concerning alleged corruption in the appointment of bodybuilders Shinu Chovva and Chitharesh Natesan as police inspectors.
Court Questions Absence of Fresh Vigilance Clearance
The High Court noted that vigilance clearance is a mandatory requirement while promoting an officer from the rank of Additional Director General of Police (ADGP) to Director General of Police (DGP).
Justice Badharudeen questioned the government’s urgency in promoting the officer while sanction for investigation under the Prevention of Corruption Act was still pending.
“You have sought time repeatedly to consider sanction under Section 17A of the Prevention of Corruption Act. Then why the hurry to promote an officer against whom allegations are pending? Without a fresh vigilance clearance, the appointment appears hasty,” the court orally observed.
Although the court made strong observations, it clarified that the legality of the promotion itself was not under examination in the present proceedings. However, it observed that if the promotion violated prescribed rules or procedures, it could be challenged separately before the appropriate legal forum.
Background of the Pending Allegations
The present proceedings stem from allegations relating to the appointment of bodybuilders Shinu Chovva and Chitharesh Natesan as police inspectors.
Earlier, the High Court had directed the Additional Chief Secretary to examine whether sanction should be granted under Section 17A of the Prevention of Corruption Act to initiate an inquiry into the allegations involving S. Sreejith.
Separately, the High Court had recently set aside a report that had exonerated the officer in connection with allegations that he undertook an unauthorised visit to Dubai while serving as an ADGP to attend the inauguration of a private business establishment.
These developments prompted the court to question whether a fresh vigilance assessment should have preceded the government’s decision to elevate him to the state’s highest police rank.
State Seeks More Time, Court Declines
During Monday’s hearing, the Kerala government sought another two weeks to decide whether sanction should be granted under Section 17A.
The High Court, however, refused the request.
Instead, it directed the Additional Chief Secretary to take a final decision on or before August 10, warning that failure to comply with the timeline could invite adverse judicial remarks.
The matter has now been posted for further hearing on August 10.
Promotion Came Days After Suspension of Another Senior IPS Officer
The state government had only days earlier promoted S. Sreejith, who is currently serving as the Chief of Prisons, to the rank of Director General of Police through an official government order.
Despite receiving the higher rank, Sreejith will continue to head the Prisons Department.
His promotion came shortly after ADGP M.R. Ajith Kumar was placed under suspension over allegations relating to attempts to derail the investigation into the gunmen deployment episode during the Nava Kerala Sadas programme conducted under the previous Left Democratic Front (LDF) government.
Court Leaves Door Open for Separate Challenge
While expressing concern over the circumstances surrounding the promotion, the High Court stopped short of examining its legality in the ongoing proceedings.
The court made it clear that any challenge to the promotion on the grounds of procedural violations or lack of vigilance clearance would have to be pursued independently before the competent legal forum.
For now, the immediate focus remains on the government’s decision regarding sanction for investigation under the Prevention of Corruption Act, which the High Court has directed must be completed by August 10.
The case is scheduled to come up for further hearing on the same date.
Read also: Kerala HC Quashes Clean Chit to ADGP S. Sreejith Over Foreign Trip Without Permission
