Kochi: The Kerala High Court on Monday questioned the Kerala Public Service Commission for failing to cooperate with the Crime Branch investigation into alleged irregularities in an examination for recruitment to a post in the State Planning Board.
Justice A Badharudeen made the observation while hearing a plea filed by the PSC challenging the Crime Branch FIR registered in connection with the alleged irregularities.
“Why are you not cooperating with the investigation,” the Court asked the Commission orally. It observed that the PSC could appear before the investigating officers, provide documents and explain the legality of its actions. The Court also noted that the Commission members had been called for questioning as persons having knowledge of the case and had not been arrayed as accused.
The Court said public employment is a matter of hope for lakhs of young people and that the expectation of candidates that recruitment examinations will be conducted fairly should be protected. The Court also questioned the maintainability of the PSC’s writ petition and asked why the Commission had not approached the appropriate remedy under Section 482 of the CrPC/Section 528 of the BNSS.
Senior Advocate S Sreekumar, appearing for the PSC, argued that no offence had been committed and that the issue was a clerical error caused by a computer-related problem. He said questions 9 to 18 were not forwarded for evaluation in the answer scripts of the 228 candidates who appeared for the examination.
The Director General of Prosecution, T A Asaf Ali, however, argued that the matter involved an “innovative fraud” and required investigation. He said none of the PSC members had been made accused and that notices had only been issued to them. According to the State, the members did not appear before the investigating officers or cooperate despite receiving the notices.
The PSC also argued that the government order directing the Crime Branch investigation amounted to sanction for prosecution under Section 17A of the Prevention of Corruption Act. The DGP opposed the contention, saying that no such sanction was required and that the government order only directed the Crime Branch to investigate the alleged malpractice.
The Court agreed with the State’s position, observing that the government order did not name any individual against whom the investigation was directed. It said the investigation would establish who, if anyone, was involved in the alleged corruption.
The DGP informed the Court that the investigation was continuing and had not been stalled by the PSC’s petition. The Court posted the case to October 13 and granted the State time to file its counter.
The PSC had issued a notification in 2022 for recruitment to the post of Chief (Industry & Infrastructure Division) in the State Planning Board. After the written examination, a shortlist of 10 candidates was published in February 2025.
One of the candidates later approached the Kerala Administrative Tribunal, alleging that 10 questions had not been evaluated. The PSC subsequently conducted a preliminary inquiry in June 2026. Its Internal Vigilance Officer found that one question had not been evaluated in 177 answer scripts, while nine questions had not been evaluated in all 228 scripts.
The PSC then decided to take corrective measures under its Rules of Procedure, a process permitted by the KAT.
The State government later directed an investigation, following which the Crime Branch registered an FIR under Section 316(5) of the Bharatiya Nyaya Sanhita and Sections 7(c) and 13(1)(a) of the Prevention of Corruption Act. Notices were issued to PSC staff and members.
The PSC has approached the High Court seeking to quash the FIR and the prosecution sanction. It has also sought a declaration that its members and staff are not employed in connection with the affairs of the State and, therefore, cannot be prosecuted with the sanction of the State government.
