HC refuses to stay single judge's order

The Madras High Court today refused to stay the order of a single judge who quashed the appointment of Karthikeyan as Member Secretary of Tamil Nadu Pollution Control Board.
The Division Bench comprising Sathish K Agnihothri and Justice M Venugopal, before which an appeal filed by Karthikeyan has come up, issued notice to P S Sivashanmuga Sundaram, Special Government Pleader appearing for the state Chief Secretary, other authorities and to K Duraiswamy, counsel for V Anbalagan, who challenged the appointment and to TNPCB and posted the matter for further hearing to February 5.
In his appeal Karthikeyan submitted that a writ of quo warranto can be issued only when the appointment itself is made in violation of statutory provisions and on the eligibility of the persons to hold the post or in the procedure contained in the statue.

He contended that once there is no statutory violation in terms of eligibility, the writ of quo warranto does not arise.
Karthikeyan faced vigilance proceedings for some decisions he took as district environmental engineer from July 2008 to Dec 2010.
He said that even the Directorate of Vigilance and Anti-Corruption has recommended his appointment and also said that there was no need to pursue criminal proceedings against him and only recommended the departmental action.
The Government was aware of the pendency of the inquiry before DVAC and no case has been registered against him which was not considered by the Single Judge Justice V Ramasubramaniam while quashing the appointment, the petitioner said.

The judge had on January 24 quashed the appointment of Karthikeyan saying the fact that he was facing departmental and vigilance proceedings had not been brought to the notice of the Minister concerned, Chief Minister or officials who signed the appointment Order.