The Kerala High Court on Thursday pulled up Additional Chief Secretary, Home and Vigilance Department, Minhaj Alam IAS, over the manner in which an adjournment was sought in a case concerning a complaint alleging corruption against IPS officer S Sreejith.

Alam appeared personally before Justice Badharudeen during the hearing on compliance with an earlier court direction.

Court questions adjournment procedure

The court questioned why a subordinate officer had sought an adjournment when the earlier direction was specifically addressed to the Additional Chief Secretary.

“There was a direction issued by this court, correct? And the direction is pertaining, particularly, to you, correct?” Justice Badharudeen asked.

The judge then questioned the procedure followed to seek more time.

“Then, who authorised you to seek adjournment through your subordinate? what is the procedure for doing so? Why can't you directly file a petition?”

When the officer's response was inaudible, the court stressed the seriousness of proceedings before the High Court.

“You see that High Court is something as village office or tahasildar office? Is it the highest court of the state? You know the seriousness?” Justice Badharudeen said.

Court stresses responsibility of senior officer

The court said that when an order directs an authority to take action, there are options to either comply or seek an adjournment through a proper petition giving reasons.

“When order is issued, directing to do something, you have multiple options. Either to comply or to seek adjournment and the adjournment should have been a petition with reasons filed by you yourself, not by somebody below you. That is the wrong you have committed in this case. That is why you are called for before this court.”

The court's order recorded that Alam had complied with the earlier direction and submitted that, after examination, he found that a vigilance investigation was not warranted as of now.

In view of this, the petition was closed, with liberty to the petitioner to proceed in accordance with law.

Affidavit directed, personal appearance dispensed with

The court, however, stressed the responsibility attached to Alam's position as Kerala's Home Secretary.

“You must be so responsible, otherwise, you may keep time to be present before the court personally on many occasions and also, you will be under threat of contempt of court proceedings for not complying the order properly,” Justice Badharudeen orally observed.

The court also directed the Additional Chief Secretary to file an affidavit. His personal appearance on Friday has been dispensed with for the time being.