Kerala High Court
Sivarajan Chettiar vs Deputy Superintendent Of Police on 20 June, 2024
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
OP(CRL.) NO. 398 OF 2024
IN VC NO.2 OF 2017 OF ENQUIRY COMMISSIONER AND SPECIAL
JUDGE (VIGILANCE),THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
SIVARAJAN CHETTIAR
AGED 62 YEARS,
S/O.RAMANKUTTY CHETTIAR, DEVIKRIPA,
CHEMBAKAMANGALAM, KORANI PO,
THIRUVANANTHAPURAM-, PIN - 695 104.
BY ADVS.
K.MOHANAKANNAN
D.S.THUSHARA
RESPONDENT:
DEPUTY SUPERINTENDENT OF POLICE ,
VIGILANCE AND ANTI-CORRUPTION BUREAU SPECIAL
INVESTIGATION UNIT-11 KUNCHALUMMOODU KARAMANA
THIRUVANANTHAPURAM, PIN - 695 002.
BY ADVS.
RAJESH A.,SPECIAL PUBLIC PROSECUTOR (VIGILANCE)
REKHA SENIOR PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 20.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
O.P.(Crl.). No. 398 of 2024
:2:
K.BABU, J
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O.P.(Crl.)No. 398 of 2024
----------------------------------------------------
Dated this the 20th day of June, 2024
JUDGMENT
The prayers in this original petition are as follows;
"a) To issue a writ of mandamus, direction
directing the Respondent to complete the
investigation as decided in Ext.P12 and to file a
report before the Enquiry Commission and
Special Judge, Vigilance and Anti Corruption
Bureau, Thiruvananthapuram before proceeding
with Ext. P/3 to P9;
b)To issue a writ of mandamus, direction
directing the Respondent the Court of the
Enquiry Commission and Special Judge,
Vigilance and Anti Corruption Bureau,
Thiruvananthapuram to defer the trial of CC
36/2023 and connected cases till a report is
filed by the Vigilance and Anti Corruption
Bureau as directed in Ext.P12;
c) To dispense with filing of the translation
of vernacular documents;
d) To grant such other relief as this
Hon'ble Court deem fit to grant in the interest
of justice."
2. The petitioner is the accused in VC No. 2/2017 on the file
of the Vigilance and Anti Corruption Bureau Special Investigation
Unit-11, Thiruvananthapuram. He is alleged to have committed the
offences punishable under Sections 465, 469, 471, 477A and 409
of the IPC and under Section 13 (2) r/w Sections 13(1) (c) and 13
(1)(d) of the Prevention of Corruption Act, 1988.
3. The prosecution case is as follows;
The petitioner was working as UD clerk holding the charge
of cash section in the Kerala Khadi & Village Industries Board
(KKVIB), Vanchiyoor, Thiruvananthapuram during 2001 to 2011.
While working so, the petitioner committed criminal misconduct by
abusing his official position and with dishonest intention forged
entries in the cash books and manipulated short remittance of
amount in the District Treasury, Thiruvananthapuram and various
banks and thereby cheated the Kerala Khadi and Village
Industries Board. The petitioner also misappropriated loan
repayments, provident fund withdrawals, pension contributions
etc. by falsifying the accounts. The petitioner misappropriated
permanent advances by forging vouchers and used them as
genuine. The petitioner misappropriated Rs.18,38,408/- and
thereby obtained pecuniary advantage by himself and caused loss
to the Kerala Khadi and Village Industries Board. The VACB
conducted investigation in the matter and submitted Ext.P7 final
report before the court of Enquiry Commissioner and Special judge
Vigilance, Thiruvananthapuram. Those cases are now pending as
C.C. Nos. 36/2023, 01/2024, 02/2024, 03/2024, 04/2024, 05/2024
and 06/2024.
4. I have heard the learned counsel for the petitioner and the
learned Senior Public Prosecutor.
5. The learned counsel for the petitioner submitted that, the
allegations levelled against the petitioner are totally false. It is
submitted that during the relevant period many employees
handled the cash, but the enquiry and investigation confined to
him and the entire liability was slapped on him alone.
6. During the course of investigation, on 06.10.2021 the
petitioner filed a petition before the investigating officer seeking
further investigation. On 19.09.2022, he preferred petitions before
the Director of Vigilance and the Chief Minister. On 18.03.2023
the petitioner again filed a petition before the investigating officer.
In those petitions the petitioner alleged that the various officials
who handled the cash in the office, where he worked, were not
brought under investigation. The petitioner on 27.12.2023 filed
Ext.P11 petition before the Chief Secretary, Director of Vigilance
and Anti Corruption Bureau and the Principal Secretary Industries
Department seeking further investigation in the matter based on
which, Ext.P12 proceedings were issued. The learned Senior
Public Prosecutor submitted that the contents in all those petitions
filed by the petitioner are the same and the VACB meticulously
examined the allegations levelled by the petitioner and found no
substance in them. It is submitted that no supplementary report
was required to be submitted before the Special Court as no new
materials were found by the VACB in the examination of the
petition submitted by the petitioner seeking further investigation.
7. Having regard to the circumstances brought out, the
reliefs prayed for in the original petition have become infructuous.
The petitioner is at liberty to raise all the contentions raised in this
petition during the trial of the matter before the Special Court.
The Original Petition (Crl.) is disposed of as above.
Sd/-
K.BABU
SCB JUDGE
APPENDIX OF OP(CRL.) 398/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMMUNICATION SENT BY THE
RESPONDENT TO THE PETITIONER WITH FIR IN VC
NO.2/2017 OF VIGILANCE AND ANTI-CORRUPTION
BUREAU SIU-2, THIRUVANANTHAPURAM DATE
16/11/22.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE
REPORT OF THE VIGILANCE AND ANTI CORRUPTION
BUREAU DATED 30-6-2016 ISSUED BY THE GOVT.
EXHIBIT P3 TRUE COPY OF THE SUMMONS IN CC NO.36/2023
OF THE ENQUIRY COMMISSION SPECIAL JUDGE,
VIGILANCE THIRUVANANTHAPURAMM DATE
26/12/23.
EXHIBIT P4 TRUE COPY OF THE SUMMONS IN CC NO.1/2024,
OF THE ENQUIRY COMMISSION SPECIAL JUDGE,
VIGILANCE THIRUVANANTHAPURAM DATED 5/1/24.
EXHIBIT P5 TRUE COPY OF THE SUMMONS IN CC NO.2/2024,
OF THE ENQUIRY COMMISSION SPECIAL JUDGE,
VIGILANCE THIRUVANANTHAPURAM DATED 5/1/24.
EXHIBIT P6 TRUE COPY OF THE SUMMONS IN CC NO.3/2024,
OF THE ENQUIRY COMMISSION SPECIAL JUDGE,
VIGILANCE THIRUVANANTHAPURAM DATED 5.1.24.
EXHIBIT P7 TRUE COPY OF THE SUMMONS IN CC NO.4/2024,
OF THE ENQUIRY COMMISSION SPECIAL JUDGE,
VIGILANCE THIRUVANANTHAPURAM DATE 5/1/24.
EXHIBIT P8 TRUE COPY OF THE SUMMONS IN CC NO.5/2024,
OF THE ENQUIRY COMMISSION SPECIAL JUDGE,
VIGILANCE THIRUVANANTHAPURAM DATE 5/1/24.
EXHIBIT P9 TRUE COPY OF THE SUMMONS IN CC NO.6/2024,
OF THE ENQUIRY COMMISSION SPECIAL JUDGE,
VIGILANCE THIRUVANANTHAPURAM DATED 5/1/24.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WRIT
PETITION(C) NO.14657/2019 DATED 14-6-2019.
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE GOVERNMENT
DATED 27-12-2023.
EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF THE FILE
NOTE (PAGES 44 TO 67) DATE 18/10/23.
