Appointment Of Chief Investigating Officer At Police Complainant Authority To Be Finalised Within Two Months : Kerala High Court To State

The Kerala High Court recently issued notice to the State and sought its response regarding the appointment of a Chief Investigating Officer at the State Police Complaints Authority.

Upon being informed that the procedure will take another couple of months, the Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly ordered:

"Necessity to fill up the post of Chief Investigating Officer in State Police Complaints Authority, Kerala cannot be ruled out. Having taken the decision to fill up the said post, the same is to be done without any delay."

The PIL filed through Advocate Praveen K Joy challenged the failure to appoint a Chief Investigating Officer at the State Police Complaints Authority (SPCA) despite clear notifications from the Government. 

Senior Government Pleader V. Manu appeared for the respondents and apprised the Court that although the selection process was still underway, it was nearing completion. 

He added that the Selection Committee has been reconstituted and the selection process has been taken up with candidates. It was submitted that within three months from 11.11.2021, the entire selection process would be completed.

Upon considering the same, the Bench ruled:

"...considering the reasons assigned in the supporting affidavit, we deem it fit to grant three months' time from 11.11.2021 to pass appropriate orders on the proposals submitted for revising the qualification/remuneration and based on the decision, appropriate notification inviting application for eligible candidates be issued and thereafter, complete the process of selection and issue orders of appointment within three months from 11.11.2021."

The Court clarified that no further extension of time will be granted in the matter since sufficient time had already elapsed. As such, the respondents were directed to implement the directions in letter and spirit. 

Background:

In the plea, it was alleged that there were several government notifications published for the recruitment of CIOs in the State and that they have not been implemented since 2016.

The complaints were to be disposed of after a detailed procedure offering the offender and the complainant an opportunity of being heard. Due consideration ought to have been given by the government to the proposal of appointing a private investigating officer.

Additionally, he argued that Section 110 of the Kerala Police Act 2011 also mandated the constitution of a Police Complaints Authority, comprising of State and District authorities respectively.

The main aim of these authorities was purportedly to make clear to the public that the doors of justice were open to them, despite the number of grave human rights violations reported through some officials.

On that ground, he alleged that the stand adopted by the government authorities in not taking positive steps for the appointment of the CIO at SPCA is highly illegal, arbitrary and against the law. Unless the same is appointed, the smooth functioning of the State Police Complaints Authority was impossible.

The petitioner had prayed that there was every possibility that the matter will be delayed if directions were not issued by the Court. It was argued that without urgent interference, irreparable loss and injury will be caused to the public at large.

The State had previously informed the Court that although the shortlisted candidates were called for interview on 26.7.2021 before the selection committee, since one of the nominees of the Chairman, SPCA, could not attend the selection process, the interview was postponed.

Later on, as per the proposal put forth by the Chairman of SPCA, the State decided to appoint a CIO for SPCA as such:

"The appointment of Chief Investigation Officer will be on a contract basis for a period of one year on a consolidated monthly payment of Rs. 75,000/- and the officer will be in the rank of Superintendent of Police. Also, the appointment of the CIO shall be in consultation with the Chairman, SPCA."

As such, a notification was drafted by the Home Department inviting applications for the post of CIO. Itw as within these applications that the selection process is now occurring. 

Case Title: Jaffer Khan v. State of Kerala & Ors.

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