K.S. Majeed v. the Court of Enquiry
Case brief
What is this about?
The Court dealt with connected corporations petitions and criminal miscellaneous cases regarding alleged corruption in a government construction contract. It directed the investigating agency to ascertain if the contractor knowingly claimed amounts for unused MS Liner and to enquire into the individual roles and potential conspiracies of government officials.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 15TH DAY OF NOVEMBER 2021 / 24TH KARTHIKA, 1943 OP(CRL.) NO. 401 OF 2016
AGAINST THE ORDER/JUDGMENT IN VC 8/2016 OF COURT OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, EKM AT MUVATTUPUZHA, ERNAKULAM
PETITIONER:
SABU CHERIAN EXECUTIVE DIRECTOR, M/S. MARY MATHA CONSTRUCTION COMPANY, MARY MATHA SQUARE, ARAKUZHA ROAD, MUVATTUPUZHA PO, ERNAKULAM DISTRICT
BY ADVS. SRI.GRASHIOUS KURIAKOSE (SR.) SRI.P.SHANES METHAR
RESPONDENTS:
- 1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001
2 THE DIRECTOR VIGILANCE AND ANTI-CORRUPTION BUREAU, THIRUVANANTHAPURAM-695001
Issues for consideration
3 issues framed by the court
Whether the contractor quoted rates inclusive of MS Liner without using it to claim unlawful gain.
Whether the Chief Technical Examiner can be criminally liable merely for giving a wrong opinion on releasing withheld funds.
Whether the Executive Engineer acted with malafide in approving a revised estimate that benefited the contractor.
Parties & counsel
- petitioner
Sabu Cherian
- respondent
State of Kerala
- respondent
Director Vigilance and Anti-Corruption Bureau
- respondent
Deputy Superintendent of Police Vigilance and Anti-Corruption Bureau, Ernakulam Unit
- respondent
P.L. Jacob
- petitioner
Case details
As recorded by the court registry
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