Wilson Jacob vs Director
2021 Latest Caselaw 6739 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

   THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942

                       OP(Crl.).No.47 OF 2021

      AGAINST THE ORDER/JUDGMENT IN CRMP 872/2017 OF ENQUIRY
              COMMISSIONER & SPECIAL JUDGE, KOTTAYAM


PETITIONER:

              WILSON JACOB
              AGED 53 YEARS
              S/O.JACOB, KARUCHIRA VADAKKETHIL, VILLA NO.3, PERCH
              VILLA, MOOLAVATTAM P.O., KOTTAYAM DISTRICT, PIN 686
              012.

              BY ADV. SRI.M.P.MADHAVANKUTTY

RESPONDENT:

      1       DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU
              DIRECTORATE, PMG, VIKAS BHAVAN P.O., OPPOSITE
              K.S.R.T.C DEPOT, THIRUVANANTHAPURAM, PIN 695 033

      2       DEPUTY SUPERINTENDENT OF POLICE
              VIGILANCE AND ANTI CORRUPTION BUREAU, KOTTAYAM UNIT,
              REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
              ERNAKULAM PIN 682 031

      3       SHAJAN KURIAN
              DIRECTOR, KOTTAYAM PORT AND CONTAINER TERMINAL
              SERVICES PVT. LTD., NATTAKAM P.O., KOTTAYAM,
              PIN 686 013

      4       SHAJI JOSEPH
              DIRECTOR, KOTTAYAM PORT AND CONTAINER TERMINAL
              SERVICES PVT. LTD., NATTAKAM P.O., KOTTAYAM,
              PIN 686 013

      5       GEORGE JOSEPH FENN
              DIRECTOR, KOTTAYAM PORT AND CONTAINER TERMINAL
              SERVICES PVT. LTD., NATTAKAM P.O., KOTTAYAM,
              PIN 686 013

      6       M.C.ALEX
              DIRECTOR, KOTTAYAM PORT AND CONTAINER TERMINAL
              SERVICES PVT. LTD., NATTAKAM P.O., KOTTAYAM,
              PIN 686 013
 O.P(CRL)NO.47 OF 2021
                                 2



       7       BAIJU
               DIRECTOR, KOTTAYAM PORT AND CONTAINER TERMINAL
               SERVICES PVT. LTD., NATTAKAM P.O., KOTTAYAM,
               PIN 686 013

       8       ABRAHAM VARGHESE
               DIRECTOR, KOTTAYAM PORT AND CONTAINER TERMINAL
               SERVICES PVT. LTD., NATTAKAM P.O., KOTTAYAM,
               PIN 686 013

       9       VARGHESE K CHERIYAN
               C.E.O., KOTTAYAM PORT AND CONTAINER TERMINAL
               SERVICES PVT. LTD., NATTAKAM P.O., KOTTAYAM,
               PIN 686 013

       10      BINU BAIJU
               OOTIYIL HOUSE, THIRUVATHUKKAL P.O., KOTTAYAM
               PIN 686 003.

       11      LILA ABRAHAM
               MUTHALAKKONATHU HOUSE, S.H.MOUNT P.O., KOTTAYAM
               PIN 686 006.

       12      ANNAMMA SHAJAN
               GALEELI GARDENS, NAGAMBADAM P.O., KOTTAYAM
               PIN 686 001

       13      AMMINI ABRAHAM
               PARUVAKKAL HOUSE, MOOLEDAM P.O., KOTTAYAM
               PIN 686 631

               R1-2 BY GOVERNMENT PLEADER
               R6, R8 BY ADV. SRI.LIJI.J.VADAKEDOM
               R6, R8 BY ADV. SRI.RAJEEV JYOTHISH GEORGE
               R6, R8 BY ADV. SMT.REXY ELIZABETH THOMAS

OTHER PRESENT:

               SPL.GP.(VIGILANCE) SONY K.B.

     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P(CRL)NO.47 OF 2021
                                        3




                             JUDGMENT

Dated this the 25th day of February 2021

The defacto complainant in Crl.M.P.No.872/2017,

pending before the Court of the Enquiry

Commissioner and Special Judge, Kottayam, has filed

this original petition aggrieved by the inordinate delay

in completing the enquiry. A statement has been filed

by the Investigating Officer, wherein, it is stated that

on completion of enquiry, further eqnuiry report has

been placed before the Director, Vigilance & Anti-

Corruption Bureau and that the report will be

submitted in court on obtaining due approval from the

Director. It is also stated that the Crl.M.P is posted

on 20.03.2021 and there being no further

clarification/correction from the Director, the enquiry

report will be submitted on or before 20.03.2021.

In the light of the submissions in the statement,

the original petition is disposed of, directing further O.P(CRL)NO.47 OF 2021

enquiry report to be submitted in the court of the

Enquiry Commissioner and Special Judge, on or

before 20.03.2021, if no clarification/correction is

suggested by the Director.

The original petition is disposed of accordingly.

Sd/-

V.G.ARUN

JUDGE

NB O.P(CRL)NO.47 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 11.4.2017 BEFORE THE ENQUIRY COMMISSION AND SPECIAL JUDGE (VIGILANCE), KOTTAYAM.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 18.3.2017 ALONG WITH THE MINUTES OF THE BOARD MEETING HELD ON 27.8.2016

EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED 1.9.2016

EXHIBIT P4 TRUE COPY OF THE AGREEMENT DATED 30.12.2016

EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF KOTTAYAM PORT AND CONTAINER TERMINAL SERVICES PVT. LTD. HELD ON 26.12.2015

EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF KOTTAYAM PORT AND CONTAINER TERMINAL SERVICES PVT. LTD. HELD ON 23.03.2016

EXHIBIT P7 TRUE COPY OF THE PRELIMINARY ENQUIRY REPORT IN C.M.P.NO.872/2017 BEFORE THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE.

EXHIBIT P8 TRUE COPY OF THE OBJECTION IN C.M.P.NO.872/2017 BEFORE THE VIGILANCE COURT, KOTTAYAM.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 15.7.2019 PASSED BY THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE