Purushothaman vs State Of Kerala
2023 Latest Caselaw 2849 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
    WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                        WP(CRL.) NO. 962 OF 2022
PETITIONER:

          PURUSHOTHAMAN
          AGED 71 YEARS
          S/O SUKUMARAN,
          REMYA, PACHALLUR P.O,
          THIRUVANANTHAPURAM, PIN - 695027

          BY ADV V.A.VINOD



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          HOME DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE SECRETARY
          INDUSTRIES DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    3     THE DIRECTOR
          VIGILANCE AND ANTI-CORRUPTION BUREAU,
          VIGILANCE HEAD OFFICE, PMG,
          THIRUVANANTHAPURAM, PIN - 695033

    4     THE DIRECTOR
          DIRECTORATE OF COIR DEVELOPMENT,
          COIR BHAVAN, NANDAVANAM,
          THIRUVANANTHAPURAM, PIN - 695033

          BY
          SRI.A.RAJESH - SPL.P.P., VACB
          SMT.S.REKHA SR.PP


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 962/2022
                                 ..2..

                             JUDGMENT

Dated this the 1st day of March, 2023

This writ petition has been filed to give a direction to the

3rd respondent to complete the verification and register F.I.R. on

Ext.P2 complaint.

2. The petitioner is the President of Panathura Coir

Marketing Co-operative Society, which is one of the societies

coming under the Kerala State Co-operative Coir Marketing

Federation Ltd. The petitioner preferred Ext. P2 complaint

before the 3rd respondent alleging corruption and

maladministration on the part of the officials of the Kerala State

Co-operative Coir Marketing Federation Ltd., Alappuzha District.

The specific allegation mentioned in Ext.P2 is that during the

financial year 2017-2018, an annual audit was conducted by the

audit section in Kerala State Co-operative Coir Marketing

Federation Ltd., Alappuzha District, which revealed that Coir

Federation caused a net loss of Rs.92,32,67,347/-. In Ext.P2,

the petitioner sought a preliminary enquiry against the

responsible officials and also against the persons whose names

are specifically mentioned in the audit report and to take WP(CRL.) NO. 962/2022 ..3..

appropriate action against the culprits. The petitioner is

aggrieved by the inaction on the part of the 3 rd respondent in

completing the verification and registering the crime. It is in

these circumstances, he has approached this Court.

3. I have heard Sri.V.A.Vinod, the learned counsel for

the petitioner and Sri.A.Rajesh, the learned Special Public

Prosecutor.

4. A detailed statement of facts has been submitted by

the Deputy Superintendent of Police, Vigilance and Anti-

Corruption Bureau, Alappuzha. In the statement of facts, it is

stated that Ext.P2 complaint was registered as CPSP-3-

35403/2022/DVACB dated 28/09/2022 and the Deputy

Superintendent of Police, Vigilance and Anti-Corruption Bureau,

Alappuzha unit was directed to conduct enquiry and submit a

verification report. Accordingly, a verification report was

submitted by the Vigilance and Anti-Corruption Bureau,

Alappuzha unit, with a recommendation to conduct a surprise

check to ascertain the facts in detail by verifying the appropriate

records. Accordingly, a surprise check was conducted on

14/11/2022. During the verification, no corruption on the part of

the officials, as alleged in Ext.P2 complaint, could be found. The WP(CRL.) NO. 962/2022 ..4..

surprise check report was concluded with a recommendation to

direct the Managing Director of Coirfed, Alappuzha, to take

steps to recover the liabilities which were incurred due to the

fault of the employees as soon as possible. It is evident that the

3rd respondent had initiated action on Ext.P2 complaint by

conducting a verification. As part of the verification, a surprise

check was conducted, which revealed few administrative action

to be taken, like realising the liability from the responsible

officials as per the audit report. Since action on Ext.P2

complaint has already been complied with, no further order is

necessary in this writ petition.

Accordingly, the writ petition stands closed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA WP(CRL.) NO. 962/2022 ..5..

APPENDIX OF WP(CRL.) 962/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 16.02.2022

Exhibit P2 TRUE COPY OF THE COMPLAINT SENT BY THE PETITIONER TO THE VIGILANCE DIRECTOR DATED 18.09.2022