Kerala High Court
Muhammed Ashraf vs Union Of India on 10 March, 2025
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W.P.(C) No.46702 of 2024
2025:KER:19929
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 10TH DAY OF MARCH 2025/19TH PHALGUNA, 1946
WP(C) NO. 46702 OF 2024
PETITIONER:
MUHAMMED ASHRAF
AGED 60 YEARS
S/O MOITHUNNI, PADATHUKULANGARA HOUSE, NELLISHERI,
SHUKAPURAM POST, MALAPPURAM, PIN - 679576
BY ADVS.
SARUN RAJAN
ARCHANA HARIDAS K.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY
OF RURAL DEVELOPMENT, KRISHI BHAVAN, DR. RAJENDRA
PRASAD ROAD, NEW DELHI, PIN - 110001
2 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
3 COMMISSIONER FOR RURAL DEVELOPMENT
COMMISSIONERATE OF RURAL DEVELOPMENT, 4 TH FLOOR,
SWARAJ BHAVAN, NANTHANCODE, KOWDIAR P.O.
THIRUVANANTHAPURAM, PIN - 695003
4 THE DIRECTOR
VIGILANCE AND ANTI-CORRUPTION BUREAU, VIKAS BHAVAN,
THIRUVANANTHAPURAM DISTRICT, PIN - 695033
5 THE DEPUTY SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI-CORRUPTION BUREAU, MALAPPURAM
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W.P.(C) No.46702 of 2024
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DISTRICT, PIN - 679583
6 INSPECTOR OF POLICE
VIGILANCE AND ANTI-CORRUPTION BUREAU, MALAPPURAM
DISTRICT, PIN - 679583
7 VATTAMKULAM GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, VATTAMKULAM P.O.,
PONNANI TALUK, MALAPPURAM DISTRICT, PIN - 679505
8 THE SECRETARY
VATTAMKULAM GRAMA PANCHAYAT, VATTAMKULAM P.O.,
PONNANI TALUK, MALAPPURAM DISTRICT, PIN - 679505
9 THE JOINT PROGRAMME COORDINATOR
MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
SCHEME (MNREGA), MALAPPURAM, CIVIL STATION,
MALAPPURAM DISTRICT, PIN - 679505
10 THE BLOCK PROGRAMME OFFICER,
BLOCK DEVELOPMENT OFFICE, PONNANI, MALAPPURAM
DISTRICT, PIN - 679576
11 ADDL.R11. ADDITIONAL CHIEF SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001 (IS SUO MOTU IMPLEADED
AS PER THE ORDER DATED 10.03.2025)
ADV.SMT REKHA S - SENIOR PUBLIC PROSECUTOR
ADV.SRI A RAJESH - SPECIAL PUBLIC PROSECUTOR
(VIGILANCE)
ADV.SRI P E SAJAL - STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.46702 of 2024
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P.G. AJITHKUMAR, J
-------------------------------------------------
W.P.(C) No.46702 of 2024
-------------------------------------------------
Dated this the 10th day of March, 2025
JUDGMENT
The petitioner submitted Ext.P3 complaint before the 5th
respondent seeking an enquiry into the allegations levelled
against respondents No.9 and 10 urging that respondents No.5
and 6, who are responsible to take action on Ext.P3 complaint,
have not taken any action yet, this writ petition has been filed
seeking the following reliefs:
i. Issue a writ of mandamus or any other appropriate
writ, direction or order directing the respondent 4 to 6 to
consider Ext.P3 complaint and taken appropriate legal
action thereon in accordance with law;
ii. Issue a writ of mandamus or any other appropriate
writ, direction or order directing the respondents 1, 2, 7 to
10 to implement Ext.P1 Award of the Ombudsman for
Mahatma Gandhi National Rural Employment Guarantee
Scheme (MGNREGS) forthwith;
iii. Issue any such other writ, order or direction as this
Hon'ble Court deems fit and proper considering the
circumstances of the case in the interest of justice.
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2. Learned DSGI in charge takes notice for respondent
No.1. The learned Senior Government Pleader takes for
respondent Nos.2 to 6. The learned Standing Counsel for
Vattamkulam Grama Panchayat takes notice for respondent
Nos.7 and 8. Considering the relief proposed to be granted
service of notice on respondent Nos.9 and 10 is dispensed
with.
3. Additional Chief Secretary, Local Self Government
Department, Government Secretariat, Thiruvananthapuram -
695 001, is suo motu impleaded as additional respondent
No.11. The learned Senior Government Pleader takes notice of
additional respondent No.11.
4. Heard the learned counsel for the petitioner, the
learned DSGI in charge, the learned Senior Government
Pleader and the learned Standing Counsel for Vattamkulam
Grama Panchayat.
5. The allegation in the complaint is that respondent
Nos.9 and 10 misuse their position as public servant and
committed offences under the Prevention of Corruption Act
besides other offences. They allegedly had committed
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corruption and financial embezzlement in implementing the
scheme under Mahatma Gandhi National Rural Employment
Guarantee Scheme (MGNREGS). A complaint was filed before
the Ombudsman for the MGNREG Scheme. Ext.P1 is the award
of the Ombudsman on that complaint. An appeal was seen
filed, but that was dismissed as per Ext.P2.
6. The learned Standing Counsel for respondents No.7
and 8 would submit that enforcement of Ext.P1 award has
been stayed by this Court in W.P.(C) No.8528 of 2024 filed by
the persons affected by the said order. In the view of the
learned Standing Counsel, in the wake of that order of stay,
there is no scope for on enquiry or investigation by the
Vigilance and Anti-Corruption Bureau. I am unable to agree
with the said submission for the reason that the jurisdiction of
the Ombudsman under the MGNREG Scheme and
enquiry/investigation to be conducted by the VACB rein totally
different fields.
7. The grievance of the petitioner is that respondents
No.5 and 6 have not been taking action on Ext.P3 complaint.
8. The learned Senior Government Pleader refuted that
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allegation. The learned Senior Government Pleader on
instructions would submit that a request was already
submitted to the Additional Chief Secretary, Local Self
Government Department seeking previous approval as
contemplated under Section 17A of the PC Act through the
Additional Chief Secretary, Vigilance Department. When such a
request was already submitted, and without previous approval
from the competent authority the said respondents could not
undertake an enquiry or investigation, it cannot be said that
respondents No.5 and 6 did not take any action on Ext.P3.
The second proviso to Section 17A of the PC Act insists
on the competent authority to take a decision on the request
for enquiry/investigation within a period of three months,
which could be extended for a further period of one month if
there is sufficient reason, which should be recorded. It is seen
that a request was submitted to the Additional Chief Secretary,
Local Self Government as early as on 08.09.2024. Since, no
decision is not taken yet on the said request, it is just and
appropriate to direct the Additional Chief Secretary, Local Self
Government Department to take a decision on the said request
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(VG-D1/261/2023/VG dated 08.09.2023) within a period of
two months from the date of receipt of a certified copy of this
judgment.
Sd/-
P.G. AJITHKUMAR, JUDGE
SMF
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APPENDIX OF WP(C) 46702/2024
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE AWARD, DATED 13.06.2023
IN OP 04/2023-24 PASSED BY THE OMBUDSMAN
FOR MAHATMA GANDHI NATIONAL RURAL
EMPLOYMENT GUARANTEE SCHEME, MALAPPURAM
EXHIBIT-P2 TRUE COPY OF THE ORDER
NO.134(1)/AAC/MGNREGS/2023 DATED
15.02.2024 PASSED BY THE APPELLATE
AUTHORITY (STATE OMBUDSPERSON), MAHATMA
GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
SCHEME, KERALA
EXHIBIT-P3 TRUE COPY OF THE COMPLAINT, DATED NIL,
SUBMITTED BEFORE THE VIGILANCE AND ANTI-
CORRUPTION BUREAU, MALAPPURAM
