The Court closed the criminal miscellaneous petition, finding that an enquiry regarding corruption allegations in highway construction had already been initiated and was in progress by the Vigilance Dept. No further direction was deemed necessary.
Petition closed with no further direction for relief as enquiry is in progress.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 21ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944
CRL.MC NO. 1382 OF 2014
PETITIONER:
ROY JOSEPH
S/O.JOSEPH, PUTHUSSERI PUTHEN PURAYIL, AYYANKUNNU, THALASSERY, KANNUR DIST
BY ADVS. SRI.M.SASINDRAN SRI.S.SHYAM KUMAR
RESPONDENTS:
REP BY THE SECRETARY, DEPARTMENT OF HOME AND VIGILANCE, SECRETARIAT, THIRUVANANTHAPURAM-695001
OTHER PRESENT:
SRI. NOUSHAD. K. A., - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1382 OF 2014
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BECHU KURIAN THOMAS, J.
======================== Crl.M.C. No. 1382 of 2014 ======================== Dated this the 21st day of November, 2022
O R D E R
The reliefs prayed for in this petition under Section 482 is to direct an investigation after registering an F.I.R., pursuant to Annexure All complaint.
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CRL.MC NO. 1382 OF 2014
when a complaint is made in person and that the Vigilance Department of the Government will issue necessary instructions in the matter.
“3. Sr. V.S.James, Vayalippara House, Odichukunnu, Kiliyanthara, Iritty lodged a petition before the Hon'ble Chief Minister of Kerala with regard to the irregularities highlighted to the petitioner herein in Annexure A2, in the construction of Hill High Way (Vallithode Anappanthi -Karikkottakkari-Edoor) in Kannur District. This petition was forwarded to the Director, VACB, Thiruvananthapuram for further action. As per C-41448/19/DVACB dtd.01.01.2020, the Director ordered to conduct a Surprise Check into the allegation.
4. The Vigilance & Anti Corruption Bureau, Kannur Unit conducted a Surprise Check as SC.06/20/KNR by utilizing the service of the Sri. Vinod Kumar.C, Exe. Engineer, Vigilance & Anti Corruption Bureau, Thiruvananthapuram. Sri.Kamalakshan Paleri, Asst. Exe. Engineer, PWD Bridges on 22.01.2020.
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5. The Additional Chief Secretary, Vigilance(E) directed to conduct a Preliminary Enquiry in the same matter based on the petition filed by the same petitioner vide letter No.E2/51/2020/Vig. Dated.31.03.2020. Then the Director, VACB directed to conduct a Preliminary Enquiry vide Letter No.E17-12034/2020/KNR dtd. 19.06.2020. Consequently PE.06/2020/KNR was registered in this unit on 06.07.2020. As a Surprise Check in SC.06/20/KNR was conducted in the same allegations a report was forwarded to the Director, Vigilance & Anti Corruption Bureau to that effect on 17.12.2020.
6. On 11.08.2021 the Director, Vigilance & Anti-Corruption Burcau, as per Lr.No.E17 (PE. 06/2020/KNR) 12034/2020, directed to conduct PE.06/20/KNR by utilizing the service of Quality Control Wing, Public Works Department. Enquiry in PE.06/20/KNR is in progress. 12 witnesses were questioned and perused file connected with this work. On 24.01.2022, Site Inspection and file verification conducted by utilizing the service of Kannur PWD Quality Control Asst.Exe.Engineer Sri.Praveen.K.Narath Grama Panchayath Asst.Engineer Sri.Hari.K and Eranjoli Grama Panchayat Asst.Engineer Sri.Santhosh.P. During the file verification it is seen that a revised estimated prepared and more than 40lakhs in excess gave to the contractor for this work. Joint Inventory prepared at the time of Surprise Check and Site Inspection/File verification conducted in
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connection PE.06/20/KNR are forwarded to the Exe. Engineer, Vigilance & Anti Corruption Bureau for comparison.”
into the allegations pointed out by the petitioner is in progress, though on the basis of a complaint filed by one Sri.V.S.James , I am of the view that no further relief is required in this petition.
Accordingly, this Crl.M.C is closed, leaving it open to the Vigilance & Anti Corruption Bureau to initiate appropriate proceedings pursuant to the enquiry.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM/23.11.22
CRL.MC NO. 1382 OF 2014
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APPENDIX OF CRL.MC 1382/2014
PETITIONER EXHIBITS
A1:-COPY OF THE ORDER DTD 1/8/2013 REVISION THE AMOUNT ESTIMATED FOR IMPROVEMENTS TO THE HILL HIGHWAY(KOOMATHODU TO ARALAM)ISSUED BY THE 3RD RESPONDENT
A2:-A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD 3.2.2014
RESPONDENT EXHIBITS
R1(A):-COPY A PHOTO COPY OF THE G.O(P)NO.65/92/VIG. DATED 12.05.1992. R1(B):-A PHOTOCOPY OF THE G.O. (P)NO.34/97/VIG. DATED 11-06-1997.
R1(C):- A PHOTO COPY OF THE LETTER NO.3458/E2/2014/VIG. DATED 26-03-2014.
R1(D) :- A PHOTOCOPY OF THE CIRCULAR NO.5213/E3/12/VIG. DATED 03-05-2012.
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether any further relief is required to direct an investigation after an enquiry is already in progress.
Roy Joseph
State of Kerala
The Director Vigilance and Anti Corruption Bureau
The Secretary to Government Public Works Department
The Chief Engineer Public Works Department
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
