Sensitive public appointment challenged over pending corruption allegations, with interim transfer ordered to protect transparency and public confidence.

Appointment to the post of Chief Secretary was examined in writ jurisdiction against the backdrop of pending corruption allegations, a charge-stage criminal prosecution and a continuing Commission of Inquiry. The Court treated the post as sensitive and held that the State should have avoided unnecessary controversy to preserve transparency and public confidence, without expressing any view on the merits of the allegations or proceedings. The interim challenge succeeded, and the officer was directed to be transferred from the Chief Secretary post to another post in the same cadre or grade, while her suitability within the cadre or grade was left open for decision in the writ petition.

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Issues: Whether the appointment of an officer facing serious allegations and pending criminal proceedings as Chief Secretary of the State ought to be interfered with in the exercise of writ jurisdiction and whether interim relief should be granted by directing her transfer from that post.

Analysis: The appointment to the post of Chief Secretary, though a matter within the State's administrative domain, was examined in the backdrop of pending corruption allegations, a criminal prosecution that had reached the stage of charge, and the continuance of parallel scrutiny by a Commission of Inquiry. The Court noted that the post is a key and sensitive one and that, even if the officer belonged to the relevant cadre and grade, the State could have avoided controversy by awaiting the Commission's report. The Court emphasised that governmental action in such a sensitive posting must be transparent and should not erode public confidence. Without expressing any opinion on the merits of the allegations or on the pending proceedings, the Court found that the State's decision had unnecessarily created further complications.

Conclusion: The interim challenge succeeded. The State was directed to transfer the officer from the post of Chief Secretary to another post in the same cadre or grade, while leaving the question of her suitability in the cadre or grade open for consideration in the writ petition.

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