Allowed

Jude Joseph v. State of Kerala

Kerala HC29 Nov 2022WP(Crl.)/237/2022

Case brief

AI extract

What is this about?

A writ petitioner filed a complaint alleging corruption against Kerala State Road Transport Corporation officials. The Court directed the Principal Secretary, Transport Department, to decide on the pending complaint under Section 17A of the Prevention of Corruption Act within one month due to unreasonable delay.

What did the court decide?

Directed Respondent No. 3 to take a decision on Exhibit-P1 complaint in accordance with law within one month.

Jude Joseph Vs State of Kerala — Corruption | Kerala HC (2022)

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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 K. BABU

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TUESDAY, THE 29^TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA, 1944

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WP(CRL.) NO. 237 OF 2022

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PETITIONER:

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JUDE JOSEPH AGED 55 YEARS

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MINI BHAVAN TC, 9/1797, PATTANIKUNNU LANE,SASTHAMANGALAM, THIRUVANANTHAPURAM PIN - 695010

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BY ADVS. RIJI RAJENDRAN MITHA SUDHINDRAN NICHU WILLINGTON AJAI RAGHU

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RESPONDENTS:

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1 THE CHIEF SECRETARY

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GOVERNMENT OF KERALA,SECRETARIATE, THIRUVANANTHAPURAM PIN - 682031

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2 ADDITIONAL CHIEF SECRETARY

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2. ADDITIONAL CHIEF SECRETARY, VIGILANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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3 PRNCIPAL SECRETARY TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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4 DIRECTOR VIGILANCE AND ANTI-CORRUPTION BUREAU LAW COLLEGE ROAD, OPPOSITE KSRTC DEPOT, P.O. PALAYAM THIRUVANANTHAPURAM , PIN - 695023 5 EXECUTIVE DIRECTOR (VIGILANCE) KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM PIN - 695023

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REKHA-GOVERNMENT PLEADER

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON

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29.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (Crl)No.237 OF 2022

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K.BABU, J.

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W.P (Crl) No.237 of 2022

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Dated this the 29^th day of November, 2022

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JUDGMENT

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The prayers in this writ petition read as follows:

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(I) Issue a writ of mandamus, or any other appropriate writ or order or direction to Respondents 1 to 3 to consider Exhibit -P1 complaint, as stipulated in Section 17 A of the PC Act, 1988, within such time as this Hon'ble Court may deem fit;

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(II) Issue a writ declaring that as the complaint clearly narrates various instances of financial misappropriation in KSRTC, the rigor of Section 17A will not be attracted and that prior approval from the Government for a Vigilance enquiry is not required.

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(III) To issue a Writ of Mandamus or any other appropriate writ or order or direction to the 2^nd respondent to sanction approval for a Vigilance enquiry, if found mandatory as per Section 17A, within such time as this Hon'ble Court may deem fit;

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W.P (Crl)No.237 OF 2022

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(IV) Pass such other order or direction as this

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Court may deem fit and proper in the interest of justice.

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The writ petitioner submitted that he had filed a complaint (Ext.P1) alleging corruption in the Kerala State Road Transport Corporation before respondent No.4, the Director of Vigilance and AntiCorruption Bureau. But, so far no steps have been taken to enquire into the allegation raised by the petitioner.

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The learned Special Government Pleader filed a report submitted by the Inspector of Police, Special Investigation Unit-I, Vigilance and AntiCorruption Bureau, Poojappura. The relevant portion of the report reads thus;

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“ 7. It is humbly submitted that the Vigilance Department in Government forwarded the above petition to the Secretary to Transport Department vide Letter No. Vig-A3/210/2019/Vig Dated 02.07.2019, for taking further action. The petition is pending consideration before the Secretary, Transport Department. Copy of letter No.Vig A3/210/29019 vig

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W.P (Crl)No.237 OF 2022

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dated 02.07.2019 is produced herewith and marked as Annexure R4(d)

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8. It is humbly submitted that on 18.08.2020 the petitioner submitted another petition before Respondent No. 4 seeking prior approval under sec. 17A of PC Act to conduct enquiry regarding the appointment of counter petitioners in KSRTC. Immediately after receiving the petition Respondent No. 4 forwarded the same to Vigilance Department in Government, vide Letter No. E2 - 19303/2019 Dated 08.09.2020. seeking further direction. The Vigilance Department in Government vide Letter No. Vig - A3/2010/2019-Vig Dated 17.12.2020 forwarded the same to the Secretary to Transport Department to take necessary action. Copy of letter No.VigA3/2010/2019-vig dated 17.12.2020 is produced herewith and marked as Annexure R4(e) .”

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Annexure R4(e) shows that as early as on 17.12.2020 respondent No.2, Additional Chief Secretary had forwarded the complaint to respondent No.3 for proceeding in accordance with law. Ext.P1 complaint is pending before respondent No.3 for approval under Section 17A of the P.C.Act, since 17.12.2020. Proviso to Section 17A of the P.C Act mandates that the competent authority shall

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W.P (Crl)No.237 OF 2022

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convey its decision within a period of three months, which may be extended for a further period of one month, after recording sufficient reasons.

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The delay in taking decision under Section 17A of the PC Act at the hands of respondent No.3 is not justifiable. In the result, respondent No.3 is directed to take a decision on Ext.P1 complaint in accordance with law, within a period of one month from this date.

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The writ petition is disposed of as above.

Sd/-

K.BABU

JUDGE

W.P (Crl)No.237 OF 2022

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APPENDIX OF WP(CRL.) 237/2022

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PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 19-08-2020 EXHIBIT-P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.21369 OF 2020 DATED 0411-2020 EXHIBIT-P3 TRUE COPY OF THE RTI APPLICATION SUBMITTED BY THE PETITIONER TO THE PUBLIC INFORMATION OFFICER, HOME & VIGILANCE DATED 18/10/2021 EXHIBIT-P4 TRUE COPY OF THE REPLY FURNISHED BY THE STATE PIO DATED 25-11-2021 EXHIBIT-P5 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER TO THE 1ST RESPONDENT DATED 2112-2021 RESPONDENT ANNEXURES ANNEXURE R4(A) A COPY OF THE PETITION DATED 10.12.2016 ANNEXURE R4(B) COPY OF THE PETITION ENQUIRY REPORT DATED 13.09.2017 ANNEXURE R4(C) COPY OF THE ORDER OF THE COURT BELOW IN CRL.M.P.NO.221/2017 DATED 20.12.2017

Jude Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jude Joseph v. State of Kerala

Case brief

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What did the court decide?

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