K.Balaji Iyengar v. State of Kerala
Case brief
What is this about?
The High Court held that the Secretary and President of the Kerala Cricket Association are public servants under section 2(c)(viii) of the Prevention of Corruption Act because their offices authorize and require them to perform public duties. The court set aside the Special Judge's order quashing the complaint.
What did the court decide?
The order dated 7.8.2009 of the Special Judge(Vigilance) is set aside. The complaint CMP 2777/2008 is remitted for fresh consideration.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Crl.MC.No. 2726 of 2009() ------------------------CMP.2777/2008 of ENQUIRY COMMISSIONER & SPECIAL JUDGE, THRISSUR ....................
PETITIONER(S):
------------------------K.BALAJI IYENGAR, CHARTERED ACCOUNTANT, RANGAMANI ASSOCIATES, 2ND FLOOR, ASWATHY TOWERS, THEKKUMGOPURAM, KOTTAYAM. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE, BY ADV. SRI.T.RAMPRASADUNNI, SRI.K.C.SURESH, SRI.S.K.AJAY KUMAR.
RESPONDENT(S): STATE:
-------------------------------------1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. MR.T.C.MATHEW, SECRETARY, KERALA CRICKET ASSOCIATION AND PRESIDENT, IDUKKI DISTRICT CRICKET ASSOCIATION, IDUKKI.
3. MR.T.R.BALAKRISHNAN, PRESIDENT, KERALA CRICKET ASSOCIATION & NOMINEE MEMBER OF WAYANADU DCA, WAYANAD.
4. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE & ANTI CORRUPTION BUREAU, ERNAKULAM. R1 & R4 BY PUBLIC PROSECUTOR SRI. B. VINOD R2 & R3 BY SRI.M.K.DAMODARAN, SENIOR ADVOCATE, BY ADV. SRI.BABU PAUL, SRI.SHAJI P.CHALY, SRI.A.V.THOMAS, SRI.G.SHRIKUMAR.
Issues for consideration
3 issues framed by the court
Whether office bearers of the Kerala Cricket Association are public servants as defined under section 2(c) of the Prevention of Corruption Act.
Whether the duties performed by the Secretary and President of the Kerala Cricket Association constitute public duties attracting the definition of public servant.
Whether the Special Judge was correct in holding that they were not public servants and returning the complaint.
Parties & counsel
- petitioner
K.BALAJI IYENGAR
- respondent
STATE OF KERALA
- respondent
MR.T.C.MATHEW
- respondent
MR.T.R.BALAKRISHNAN
Coram
Case details
As recorded by the court registry
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