Abdul Salam vs State Of Kerala
2022 Latest Caselaw 8868 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                      THE HONOURABLE MR.JUSTICE K. BABU
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                          WP(CRL.) NO. 418 OF 2022
PETITIONER:

            ABDUL SALAM,AGED 68 YEARS,
            S/O. VAVAKUNJ LABBA, LATHEEF MANZIL, CHEMMANTHUR KARA,
            PUNALUR VILLAGE, PUNALUR P.O, KOLLAM DISTRICT- 691 305.
            BY ADV T.ANCY
RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            HEALTH DEPARTMENT, THIRUVANANTHAPURAM 695 001.
    2       THE DIRECTOR,
            HEALTH DEPARTMENT , DIRECTORATE OF HEALTH SERVICES,
            PALAYAM - AIRPORT ROAD, NEAR GENERAL HOSPITAL ROAD,
            JUNCTION, THIRUVANANTHAPURAM- 695 035.
    3       DIRECTOR,
            VIGILANCE DEPARTMENT, VIGILANCE AND ANTI CORRUPTION
            BUREAU, VIKAS BHAVAN, LAW COLLEGE RD, OPPOSITE KSRTC
            DEPOT, P.O. PALAYAM, THIRUVANANTHAPURAM- 695 033.
    4       THE POLICE INSPECTOR,
            VIGILANCE AND ANTI CORRUPTION BUREAU,
            OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
            KAANKATHU MUKKU, KOLLAM DISTRICT 691 013.
    5       SHAHIRSHA,
            THE SUPERINTENDENT, TALUK HEADQUARTERS HOSPITAL,
            PANAMKUTTYMALA, PUNALUR, KOLLAM DISTRICT- 691 305.

            BY ADVS.
            ADVOCATE GENERAL OFFICE KERALA
            A.JANI(KOLLAM)
            SPL GP VIGILANCE SRI.RAJESH A


     THIS      WRIT    PETITION   (CRIMINAL)    HAVING    COME   UP   FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P(Crl) No.418 of 2022
                                           2

                                  K.BABU, J.
                   --------------------------------------
                           W.P(Crl) No.418 of 2022
                  ---------------------------------------
                      Dated this the 7th day of July, 2022

                                    JUDGMENT

The petitioner has filed this Writ Petition (Criminal) under

Article 226 of the Constitution of India with the following prayers:

"(i) To issue a writ of mandamus or any other appropriate writ or order or direction directing the respondents 1 and 2 to take a decision on Ext.P1 and Ext.P2 within a time frame to be fixed by this Honourable Court;

(ii) To grant such other relief as this Hon'ble Court deem fit to grant in the interest of justice."

2. The petitioner is a resident of Punalur Village. The

petitioner has raised certain allegations against respondent No.5,

who is the Superintendent of Taluk Headquarters Hospital, Punalur.

The petitioner has raised the following allegations against

respondent No.5:

(i) Respondent No.5 amassed wealth disproportionate to his known source of income.

(ii) No proper account is being maintained by respondent No.5 in respect of the construction of the Hospital building, the estimate of which is more than 67 Crores.

W.P(Crl) No.418 of 2022

(iii) Respondent No.5 has been continuing the possession as Superintendent of Taluk Headquarters Hospital, Punalur for more than 13 years.

(iv) He had appointed more than 300 employees through back door without reporting the vacancy to the PSC.

(v) Respondent No.5 has taken hasty steps to destroy the documents in connection with his illegal activities and also the accounts relating to construction of the building for the Hospital.

3. The Deputy Superintendent of Police, Vigilance and Anti

Corruption Bureau, Kollam Unit, for and on behalf of respondent

Nos.1 to 4, filed a statement. The Deputy Superintendent of Police

reported that he had verified all the allegations one by one and

confirmed that all those allegations were found devoid of any merit.

Respondent No.5 filed a counter affidavit denying the entire

allegations levelled against him. Respondent No.5 in paragraph 8

of the counter affidavit stated thus:

"8. Punalur Taluk Hospital is a Model Hospital under the Health Department. In the preface to the 13 th five year plan, there is a remarkable reference regarding the Punalur Taluk Hospital. The Hospital is an absolute example of how a W.P(Crl) No.418 of 2022

known Government Hospital can be a reality through the cooperation and determination of the public. The Punalur Taluk hospital is number one among the Taluk hospitals in Kerala and the same is the achievement of employees and the general public and it is their prestigious institution. Certain envious private hospitals may have dreamt of the deterioration and destruction of the Hospital. The people from nearby Districts also avail the facility of the Punalur Taluk Hospital. In the locality, 90% of the people avail services from the Taluk Hospital and only 10% avails services from private hospitals and that itself denotes the envious position attained by the Hospital. There were false allegations and propaganda against the hospital from the period 2011-12 onwards. All those allegations are duly enquired by various agencies and the Hospital remained an open book. The complaint dated 14.07.2021 mentioned in the writ petition is also enquired. Vigilance duly enquired into the matter. All are found to be vexatious and ill-motivated."

4. This Court finds that the allegations levelled against

respondent No.5 are baseless.

5. The learned counsel for the petitioner submitted that he

may be permitted to withdraw the Writ Petition.

The Writ Petition (Criminal) is, therefore, dismissed as

withdrawn. No costs.

Sd/-

K.BABU, JUDGE KAS W.P(Crl) No.418 of 2022

APPENDIX OF WP(CRL.) 418/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE POSTAL RECEIPT.

Exhibit P2 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH THE POSTAL RECEIPT.

Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 05.10.2021.