C.K.Vasu vs State Of Kerala
2021 Latest Caselaw 3874 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                       WP(C).No.3999 OF 2016(Y)


PETITIONER:

               C.K.VASU, S/O. KUNHIRAMAN, FLAT NO 5
               'HARISREE APARTMENTS'NORTH BEYPORE,
               CALICUT, KERALA, PIN 673 015

               BY ADVS.
               SRI.MANJERI SUNDERRAJ
               SRI.M.SANJEEVE

RESPONDENTS:

      1        STATE OF KERALA, REPRESENTED BY THE
               SECRETARY TO GENERAL EDUCATION-(M)
               DEPARTMENT, THIRUVANANTHAPURAM 695 001

      2        THE DIRECTOR OF PUBLIC EDUCATION
               DPE, TRIVANDRUM PIN 695 014

      3        THE DEPUTY DIRECTOR OF EDUCATION
               DDE'S OFFICE KOZHIODE PIN 673 001


      4        THE DISTRICT EDUCATIONAL OFFICER
               DEO'S OFFICE, KOZHIKODE PIN 673 001

      5        THE VIGILANCE & ANTI CORRUPTION BUREAU
               KOZHIKODE, REPRESENTED BY THE SUPDT.
               OF POLICE, VCAB, KOZHIKODE PIN 673 008

      6        THE DIRECTOR VIGILANCE & ANTI CORRUPTION
               BUREAU, TRIVANDRUM 695 001

      7        THE DEPUTY TAHSILDAR RR, REVENUE RECOVERY
               DEPTT. CIVIL STATION, KOZHIKODE 673 020


               SRI. SUNIL KUMAR KURIAKOSE - GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 3999/16
                                      2



                                 JUDGMENT

The petitioner has approached this Court

seeking that the respondents be directed to

drop the Revenue Recovery proceedings

initiated against him on the allegation that

he had defalcated funds from the Government,

when the work of construction of a play ground

in the "Mavoor Girls High School" had been

completed in April, 2009.

2. The petitioner's specific contention is

that when the said work was continued in the

school, he was not in charge and that another

person was granted additional charge; and that

this is evident from the fact that he had

retired on attaining the age of superannuation

on 31.03.2009. The petitioner says that he is

a State and National awards winner and

therefore, that the allegations against him

have caused him unbearable stigma and WPC 3999/16

prejudice. He thus also prays that respondents

5 and 6 be directed to conduct proper

investigation into the incident and find out

the true culprits, so that his innocence can

be unequivocally declared.

3. I notice that this matter was filed as

early as in the year 2016 and that it has been

pending on the files of this Court, with an

interim order in favour of the petitioner that

no recovery proceedings be initiated against

him.

4. That said, when this matter was called

today, the learned Government Pleader -

Sri.Sunil Kumar Kuriakose, submitted that his

file shows that as early as in the year 2019,

the Vigilence had filed a report before the

competent Criminal Court finding the

petitioner to be not guilty and therefore,

that no further action would have been taken

against him. He, therefore, prayed that this WPC 3999/16

Writ Petition be closed, recording the afore

submission.

5. When I consider the afore submissions,

it is indubitable that the petitioner was

constrained to approach this Court being

aggrieved by the fact that he was being

implicated in a criminal case, which he

maintains was completely without basis. Going

by the submissions of the learned Government

Pleader, the assertions of the petitioner have

now come out to be absolutely credible.

In the afore circumstances, I order this

writ petition, recording the afore submissions

of Sri.Sunil Kumar Kuriakose - learned

Government Pleader; and consequently, order

that no action for recovery against the

petitioner shall be pursued based on the

allegation impelled against him with respect

to defalcation of the amounts relating to

construction of the school playground in the WPC 3999/16

year 2009.

Sd/-

                        DEVAN RAMACHANDRAN
       RR                     JUDGE
 WPC 3999/16




                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1        EXHIBIT P1 TRUE COPY OF STATE AWARD

DATED05/09/2009 FOR SECONDARY TEACHERS AWARDED TO THE PETITIONER

EXHIBIT P2 EXHIBIT P2 TRUE COPY OF NATIONAL AWARDS TO TEACHERS 2008 DATED 05/09/2009 AWARDED TO THE PETITIONER BY MINISTRY OF HUMAN RESOURCE DEVELOPMENT, GOVT. OF INDIA

EXHIBIT P3 EXHIBIT P3 TRUE COPY OF NEWS PAPER REPORT IN MALAYALAM DAILY'DESHABIMANI' DATED 08/09/2015 ENTITLED 'VISRAMA JEEVITHATHILLUM VISRAMAMILLATHA VASU MASTER" MEANING IN ENGLISH 'VASU MASTER WITHOUT REST IN RETIRED LIFE'

EXHIBIT P4 EXHIBIT P4 TRUE COPY OF LETTER DATED 05/08/2015 FROM HEAD MISTRESS, GOVT. HS S MAVOOR TO THE PETITIONER ACCOMPANIES BY TRUE EXTRACTS OF THE 07 SHEETS OF THE ATTENDANCE REGISTER OF THE SCHOOL FOR THE MONTHS OF DECEMBER 2008 TO JUNE 2009(OBTAINED UNDER R1 ACT)

EXHIBIT P5 EXHIBIT P5 TRUE COPY OF NOTICE DATED 23/12/2014 FROM DY.DIRECTOR OF EDUCATION DDE TO THE PETITIONER

EXHIBIT P6 EXHIBIT P6 TRUE COPY OF THE PETITIONER'SREPLY DATED 09/01/15 TO THE DDE KOZHIKODE

EXHIBIT P7 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 13/02/2015 BY THE DDE AGAINST THE PETITIONER AND OTHERS

EXHIBIT P8 EXHIBIT P8 TRUE COPY OF PETITIONER'S REPLY DATED 28/07/15 TO THE DIRECTOR WPC 3999/16

OF PUBLIC EDUCATION

EXHIBIT P9 EXHIBIT P9 TRUE COPY OF RESPONSE TO THE DDE KOZHIKODE

EXHIBIT P10 EXHIBIT P10 TRUE COPY OF LETTER DATED 28/07/2015 TO THE CI,VIUGILANCE POLICE

EXHIBIT P11 EXHIBIT P11 TRUE COPY OF LETTER DATED 22/04/15 FROM PIO, DDE'S OFFICE TO THE PETITIONER (OBTAINED UNDER RI ACT) ACCOMPANIED BY COPIES OF THE ENQUIRY REPORT IN THE GHSSS MAVOOR, BY THE DISTRICT FINANCE INSPECTION SQUAD KOZHIKODE, ETC

EXHIBIT P12 EXHIBIT P12 TRUE COPY OF FORM I DEMAND NOTICE DATED 08/07/2015 U/S 7 OF THE RR ACT BY DY.TAHSILDAR (RR) KOZHIKODE TO THE PETITIONER FOR RS. 1,52,594

EXHIBIT P13 EXHIBIT P13 TRUE COPY OF PETITIONER'S RESPONSE LETTER DATED 04/01/2016 IN REPLY TO THE RR DEMAND NOTICE