Kochi: The Kerala High Court on Monday said that the policy decisions and administrative orders cannot be probed by Vigilance by placing them under the anti-corruption Act. The single bench also made it clear that the validity of law enactment cannot be examined by investigating agencies and the government cannot give directions in the form of recommendations in such matters.
The court made this clear while striking down the vigilance inquiry against the then Home Minister Ramesh Chennithala for promoting former vigilance director Shanker Reddy as DGP and also rejecting a petition in this regard. The petitioner alleged a larger conspiracy in the promotion. Chennithala told the court that four posts were created by the Cabinet as per the recommendation of the scrutiny committee and there was no violation of the law.
Pointing out that the investigating officer submitted a report questioning the legal validity of appointment and promotion, the court said that the investigating officer has no powers to probe on government decisions. The court also made clear that a law should be enacted urgently for curbing such unnecessary litigations and criminal prosecution.
