Shibukumar D vs The Director
2021 Latest Caselaw 5359 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

       THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

   MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                      WP(C).No.7149 OF 2020(P)


PETITIONER:

               SHIBUKUMAR D
               CHIEF LAW OFFICER IN CHARGE OF PRINCIPAL, KERALA
               STATE ROAD TRANSPORT CORPORATION, STAFF TRAINING
               CENTRE, ATTAKULANGARA, THIRUVANANTHAPURAM-695023.

               BY ADVS.
               SRI.GEORGE POONTHOTTAM (SR.)
               SMT.NISHA GEORGE
               SRI.J.VISHNU

RESPONDENTS:

      1        THE DIRECTOR
               VIGILANCE AND ANTI-CORRUPTION BUREAU, VIKAS
               BHAVAN, KERALA STATE ROAD TRANSPORT CORPORATION,
               TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, PIN-
               695023.

      2        THE POLICE SUPERINTENDENT (VIGILANCE IN CHARGE
               VIGILANCE AND ANTI-CORRUPTION BUREAU,
               VIKAS BHAVAN, KERALA STATE ROAD TRANSPORT
               CORPORATION, TRANSPORT BHAVAN, FORT,
               THIRUVANANTHAPURAM, PIN-695023.

      3        THE PRINCIPAL SECRETARY TO GOVERNMENT,
               TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM, PIN-695023.

      4        THE KERALA STATE ROAD TRANSPORT CORPORATION,
               TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, PIN-
               695023, REPRESENTED BY ITS MANAGING DIRECTOR.

               R1-3 BY GOVERNMENT PLEADER SMT SONY K B -PP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.7149 of 2020

                                      2




                    R. NARAYANA PISHARADI, J
         ----------------------------------------------------
                     W.P.(C).No.7149 of 2020
         -----------------------------------------------------
                 Dated this the 15th day of February, 2021


                                JUDGMENT

The petitioner is the Chief Law Officer who is in charge of

the Principal of the Kerala State Road Transport Corporation

Training Centre.

2. This writ petition is filed challenging the vigilance

enquiry initiated against the petitioner on the basis of the

complaint made by one S.Suresh Kumar, a Section Officer of

the Law Department. The allegation in the aforesaid complaint

is that the petitioner, while working in the KSRTC, has also

worked as a teacher in the Kerala Law Academy and accepted

remuneration from the Academy.

3. The petitioner has produced Ext.P1 permission

granted by the Chairman and the Managing Director of the

KSRTC, allowing him to work as a Guest Lecturer in the Law

Academy Law College, Thiruvananthapuram outside office

hours without accepting any fee, honorarium, remuneration or W.P.(C).No.7149 of 2020

reward. The petitioner has also produced Ext.P6 letter sent by

the Principal of the Kerala Law Academy Law College to the

Managing Director of the KSRTC informing that the petitioner

has not accepted any payment from that institution.

4. When the writ petition came up for hearing before

this Court today, the learned Public Prosecutor, on instructions,

submitted that the Vigilance and Anti-Corruption Bureau

(VACB) has conducted the vigilance enquiry after getting

approval from the Government and that the VACB has

completed the enquiry and the report of enquiry, which is in

favour of the petitioner, is ready.

5. The aforesaid submission made by the learned Public

Prosecutor is recorded. In view of the submission made by the

learned Public Prosecutor, nothing survives in the writ petition.

6. The petitioner is at liberty to challenge the vigilance

enquiry report, if it is not in his favour.

With the above observations, the writ petition is closed.

Sd/-R. NARAYANA PISHARADI JUDGE lsn W.P.(C).No.7149 of 2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PERMISSION GRANTED BY THE KSRTC ALLOWING THE PETITIONER TO TEACH AT THE COLLEGE AS A GUEST LECTURER DATED 22.12.2007.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY S.SURESH KUMAR BEFORE THE TRANSPORT SECRETARY DATED 31.03.2016.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY S.SURESH KUMAR BEFORE THE TRANSPORT SECRETARY DATED 03.05.2016.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE TRANSPORT SECRETARY DATED 06.05.2016.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 22.04.2016 SENT BY THE CHAIRMAN AND MANAGING DIRECTOR, KSRTC TO THE PRINCIPAL, LAW ACADEMY LAW COLLEGE.

EXHIBIT P6 TRUE COPY OF THE LETTER SENT BY THE PRINCIPAL, KERALA LAW ACADEMY LAW COLLEGE TO THE CHAIRMAN AND MANAGING DIRECTOR, KSRTC, DATED 27.04.2016.

EXHIBIT P7 TRUE COPY OF THE REPORT SUBMITTED BY THE CHAIRMAN AND MANAGING DIRECTOR, KSRTC, BEFORE THE TRANSPORT SECRETARY DATED 03.05.2016.

EXHIBIT P8 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN W.P.(C)NO.7723/2016 DATED 27.05.2016.

EXHIBIT P9 TRUE COPY OF THE ORDER NO.5937/GL2/96/RTC DATED 30.09.2016 ISSUED BY THE KSRTC.

EXHIBIT P10 TRUE COPY OF THE ORDER DATED 23.12.2016 PASSED BY THIS HON'BLE COURT IN W.P.(C)NO.39541 OF 2016. W.P.(C).No.7149 of 2020

EXHIBIT P11 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 11.12.2019 IN WP(C)NO.13087 OF 2017 FILED BEFORE THIS HON'BLE COURT ON BEHALF OF THE 4TH RESPONDENT, WITHOUT EXHIBITS.

EXHIBIT P12 TRUE COPY OF THE REPORT DATED 04.09.2019 SUBMITTED BY THE VIGILANCE DEPARTMENT, KERALA POLICE.

EXHIBIT P13 TRUE COPY OF THE LETTER DATED 05.12.2019 BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P14 TRUE COPY OF THE REPLY TO THE RTI QUERY DATED 22.01.2020 ISSUED BY THE KSRTC.

EXHIBIT P15 TRUE COPY OF THE INTERIM ORDER ISSUED BY THIS HON'BLE COURT IN W.P.

(C)NO.2719/2020.

EXHIBIT P16 TRUE COPY OF THE G.O.(P)65/92/VIG, DATED 12.05.1992 ISSUED BY THE VIGILANCE (C) DEPARTMENT.

EXHIBIT P17 TRUE COPY OF THE LETTER SENT BY THE MANAGING DIRECTOR OF KSRTC TO THE TRANSPORT SECRETARY, DATED 07/11/2019.

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN