Dismissed

Mr. Moosakutty v. the Manager, Karuna Aup School

Kerala HC11 Aug 2016Crl.MC/1828/2016

Case brief

AI extract

What is this about?

Petitioner challenged an order dismissing a vigilance complaint for lack of prima facie materials. The High Court held the complaint lacked specific details on allegations and dismissed the petition, allowing for a fresh complaint with specifics.

What did the court decide?

The criminal miscellaneous petition was dismissed with liberty to the petitioner to file a fresh complaint with specific details.

Mr. Moosakutty Vs the Manager, Karuna… — Constitutional and Fundamental Rights | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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THURSDAY, THE 11TH DAY OF AUGUST 2016/20TH SRAVANA, 1938

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Crl.MC.No. 1828 of 2016

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CRL.MP 1128/2015 OF ENQUIRY COMMISSIONER AND SPECIAL COURT (VIGILANCE)THRISSUR DATED 17-02-2016

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PETITIONER(S):

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MOOSAKUTTY, S/O.USSANAR, KOMASTHPARAMBIL, VAVULLIAPURAM, ALATHUR TALUK, PALAKKAD DISTRICT - 678 543.

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BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H. SMT.K.S.SMITHA

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RESPONDENT(S)/COMPLAINANT & STATE::

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1. THE MANAGER, KARUNA AUP SCHOOL, TENNILLAPURAM, ALATHUR, PALAKKAD DISTRICT - 678 541.

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2. THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR - 678 541.

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3. THE SECRETARY, KAVASSERRI GRAMA PANCHAYAT, KAVASSERRI, ALATHUR TALUK, DIST PALAKKAD - 678 543.

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4. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, PALAKKAD - 678 001.

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5. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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BY PUBLIC PROSECUTOR SMT.S.HYMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1828 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE - I: TRUE COPY OF THE MEMORANDUM OF COMPLAINT FILED BY THE PETITIONER BEFORE THE VIGILANCE COURT, THRISSUR IN CONNECTION WITH THE CRL.M.P.NO.1128/2015. ANNEXURE - II: TRUE COPY OF THE CERTIFICATE SHOWING THE STUDENT TEACHER EQUATION IN 7 DIVISIONS FROMK STD.I TO STD. VII ISSUED BY THE 1ST RESPONDENT WITHOUT PUTTING ANY DATE. ANNEXURE - III: TRUE COPY OF THE POSTAL COVER EVIDENCING RECEIPT OF ANNEXURE II BY THE PETITIONER ON 30.01.2016 FROM THE 1ST RESPONDENT. ANNEXURE - IV: TRUE COPY OF THE ORDER DATED 17.02.2016 MADE IN CRL.M.P.NO.1128/2015 BY THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE.

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RESPONDENT(S)' ANNEXURES

NIL.

/ TRUE COPY /

P.S. TO JUDGE

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 1828 of 2016

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............................................................... Dated this the 11^th day of August, 2016

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O R D E R

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Heard the learned counsel for the petitioner.

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The petitioner is challenging Annexure-IV order

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passed by the court below whereby the court below has dismissed Crl.M.P.No.1128/2015. The court below has passed the impugned order by finding that there are no prima facie materials to proceed with the matter.

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Annexure-I is the complaint in question. As rightly found by the court below, no specific details are given in Annexure-I. When the allegation is that a building was constructed by the Manager of the School without necessary permit from the local bodies etc., it has not been mentioned as to when such a building was constructed, when the construction started, when it was completed etc. Similarly, the other allegation that the Manager of the School

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CRL.M.C.No. 1828 of 2016

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-: 2 :-

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has overlooked the student-teacher proportion and appointed teachers in excess of the permissible limit, the complainant has not pointed out as to how many such teachers were appointed, when they are appointed, their identity etc. With liberty to the petitioner, to file a fresh complaint in the matter, with specific details, either before the court below or before the VACB, this Crl.M.C. is dismissed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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// true copy //

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P.S. to Judge.

Mr. Moosakutty v. the Manager, Karuna Aup School

Case brief

What is this about?

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Mr. Moosakutty v. the Manager, Karuna Aup School

Case brief

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What did the court decide?

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