K.A. Ratheesh seeks Kerala HC nod to withdraw resignation and rejoin service

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Former managing director of the Kerala State Cashew Development Corporation (KSCDC) K.A. Ratheesh, an accused in the cashew import scam, has approached the Kerala High Court seeking permission to withdraw his resignation and resume service as Secretary of the Kerala Khadi and Village Industries Board.

Mr. Ratheesh stated that he was compelled to resign when the government gave sanction to the Central Bureau of Investigation to prosecute him for alleged misappropriation in the import of raw cashew by the corporation between 2006 and 2015.  He claimed that the sanction order was issued as a result of interim orders passed by a single Bench of the court.

Mr. Ratheesh, along with R. Chandrasekharan, INTUC president and former chairperson of the KSCDC, had in August filed an appeal in the Division Bench against the interim orders of the single Bench. They were the first and third accused in the case. Subsequently, the Division Bench stayed the operation of the interim orders until disposal of the appeal.

Since the interim orders directing the government to consider sanction had been stayed, the sanction order issued thereafter was no longer valid and, thus, he should be allowed to continue in his post with the Khadi board, Mr. Ratheesh said.

In their appeals, Mr. Ratheesh and Mr. Chandrasekharan had contended that the single Judge had set aside the refusal of sanction by the State without allowing them an opportunity to be heard.

The State had refused sanction thrice when the single Bench directed it to reconsider sanction for the CBI to prosecute them according to the observations in a prior court order.

The accused argued that the single Judge was not authorised to interfere with he State’s authority to pass an order granting or refusing sanction for prosecution.

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