Kerala High Court
Hridesh Chandran vs State Of Kerala on 8 February, 2021
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
WP(C).No.28133 OF 2015(S)
PETITIONER/S:
HRIDESH CHANDRAN
AGED 40 YEARS
S/O.P.J.CHANDRAN, SANTHI NIVAS, EZHUKONE PO,
KOLLAM- 691 505.
BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SRI.DIPU JAMES
SRI.GEORGE MATHEW
SRI.M.D.SASIKUMARAN
SHRI.SUNIL KUMAR A.G
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS ADDL.CHIEF SECRETARY, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE DIRECTOR,
VIGILANCE AND ANTI-CORRUPTION BUREAU,
THIRUVANANTHAPURAM, PIN-695 033.
3 CENTRAL BUREAU OF INVESTIGATION,
REPRESENTED BY ITS DIRECTOR, NEW DELHI, PIN-110 001.
4 THE SUPERINTENDENT OF POLICE,
VACB, CENTRAL RANGE, ERNAKULAM, PIN-682 031.
W.P.(C) No. 28133/2015 :2:
5 REJI G.NAIR,
AGED 54 YEARS
S/O.GANGADHARAN NAIR, SREESREE HOUSE, NELLIMUKKU,
CENTRAL RANGE, KOLLAM, PIN-691 001. (FORMERLY MANAGING
DIRECTOR, KERALA STATE CO-OPERATIVE CONSUMER FEDERATION,
GANDHI NAGAR, KOCHI).
6 R.JAYAKUMAR,
AGED 42 YEARS
S/O.RAJAN PILLAI, KANNIMEL PUTHENVEEDU, CHATHIYARA,
THAMARAKULAM P.O., ALAPPPUZHA, PIN-690 530. (FORMERLY
WORKING AS CHIEF MANAGER AND PURCHASE COMMITTEE
CHAIRMAN, KERALA STATE CO-OPERATIVE CONSUMER FEDERATION,
GANDHI NAGAR, KOCHI).
7 ADDL.R7 IMPLEADED:
ANTI CORRUPTION PEOPLES MOVEMENT
(REG.NO.EKM/TC/245/2013, REPRESENTED BY GENERAL SECRETARY,
T.R.SADANANDA BHAT, S/O.V.RANGANATHA BHAT, AGED 62 YEARS,
1ST FLOOR, 66/3742, COCHIN CORPORATION, M.G.ROAD,
ERNAKULAM, RESIDING AT FLAT NO. 107, PANAMPILLY APARTMENTS,
PANAMPILLY NAGAR, COCHIN - 36.
.....................................................................................
(ADDITIONAL R7 IS IMPLEADED AS PER ORDER DATED 3/3/2017 IN
IA NO. 57/2016.)
R1, R7 BY ADV. SMT.G.BINDU
R1, R7 BY ADV. SRI.M.R.HARIRAJ
R1, R7 BY ADV. SRI.P.A.KUMARAN
R1, R7 BY ADV. SRI.K.RAJAGOPAL
R1, R7 BY ADV. SRI.SHAIJAN JOSEPH
R1 BY ADV. SRI.P.CHANDRASEKHARA PILLAI C.B.I.
R1, R7 BY ADV. SMT.VINEETHA B.
R1, R2 & R4 BY SRI. P. NARAYANAN, SR. GOVERNMENT PLEADER
R1, R7 BY ADV. SMT.PRIYADA R MENON
R3 BY SRI.P.CHANDRASEKHARA PILLAI, C.B.I.
R3 BY SRI. SASTHAMANGALAM S AJITHKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 28133/2015 :3:
Dated this the 8th day of February, 2021.
JUDGMENT
S. MANIKUMAR,CJ.
The petitioner, a practising lawyer by profession, has filed this writ petition as a Public Interest Litigation seeking for the following reliefs:
1. To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 3 rd respondent to take over, monitor and supervise the investigation in Crime Nos. VC04/13/SRT and VC07/13/CRE.
2. To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 3 rd respondent to take over, monitor and supervise the enquiry in VE12/13/NRK, VE11/13/SIU-1, VE05/13/ERK, VE14/13/CRE and VE10/13/SRT;
3. To issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 3 rd respondent to conduct and complete the investigation and enquiry into cases registered and to report directly to this Court regarding the progress of the case.
4. To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 3 rd respondent to conduct and complete the investigation and enquiry in Crime Nos. VC04/13/SRT and VC07/13/CRE and VE12/13/NRK, VE11/13/SIU-1, VE05/13/ERK, VE14/13/CRE and VE10/13/SRT within a time frame.
2. According to the petitioner, a thorough and detailed investigation is required into the illegal activities and corrupt practices going on in Consumer Fed at different levels. It is alleged that even W.P.(C) No. 28133/2015 :4: though cases have been registered by the Director, Vigilance & Anti- corruption Bureau, 2nd respondent, even after a lapse of nearly 3 years, no investigation is conducted by the 2nd respondent and its officers. It is also contended that the erring officers against whom allegations have been made were holding key posts under the Government.
3. It is contended that the inaction on the part of the respondents in not conducting proper investigation into the crimes registered and the delay in completing vigilance enquiries are illegal and arbitrary. According to him, the records and reports collected reveal that there is violation of the procedure prescribed, and deviation of procedures to be followed, in tenders and it caused severe loss to the State exchequer. It is further contended that the present investigation team and the agency are not capable of exploring the entire allegations, as their hands are tied.
4. The Superintendent of Police, Vigilance and Anti Corruption Bureau, respondent No. 4, has filed a detailed counter affidavit setting out the details of the vigilance cases and action taken by the police department and submitted that the vigilance cases, as well as the enquries have been conducted vigilantly, and under the direct personal supervision of the Director.
5. Today, when this matter came up for further hearing, Sri. P. Narayanan, learned Sr. Government Pleader, on instructions from the W.P.(C) No. 28133/2015 :5: concerned Investigating Officer, submitted that out of the 5 enquiries, in 3 cases nothing could be found out, for registering a case and the report do not reveal any cognizable offences. As regards VC No. 07/2013, after investigation, final report has been filed on 25.03.2021 on the file of the Vigilance Court, Muvattupuzha and the same is posted to 25.03.2021 for consideration. As regards VC No. 04/2013, final report has been filed on 20.10.2020 and that the same has been taken cognizance in C.C. No. 21 of 2020 by the Vigilance Court, Thiruvananthapuram.
In view of the subsequent developments, we are of the view that the prayers sought for by the petitioner cannot be granted at this length of time. Placing on record the submission made by the learned Senior Government Pleader, writ petition is dismissed.
S. MANIKUMAR, CHIEF JUSTICE.
SHAJI P. CHALY, JUDGE.
Rv W.P.(C) No. 28133/2015 :6: APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COY OF THE LETTER NO.C2(VC07/13/CRE) 32632/13 DATED 16.4.2015 RESPONDENT'S/S EXHIBITS:
EXHIBIT R2(a) TRUE COPY OF THE ORDER NO. 286/B2/16/VIG. DATED 18/1/2016.
EXHIBIT R2(b) TRUE COPY OF THE ORDER NO. 11015/B2/15/VIG. DATED 19/9/2015.
EXHIBIT R2(c) TRUE COPY OF THE ORDER NO. 11691/B2/2015/VIG.
DATED 28/9/2015.
EXHIBIT R4A TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT IN CRL.M.C. NO.5261/2013.
EXHIBIT R4B TRUE COPY OF THE SUSPENSION ORDER GO(RT) NO.76/15/VIG. DATED 03/06/2015.
EXHIBIT R7(a) A TRUE COPY OF THE LETTER NO.10329/B2/2016/VIG.
DATED 24/10/2016.
EXHIBIT R7(b) A TRUE COPY OF LETTER NO. 11168/B2/2016/VIG. DATED 11/11/2016.
EXHIBIT R7(c) A TRUE COPY OF THE LETTER NO.10922/B2/2016/VIG.
dated 26/11/2016.
EXHIBIT R7(d) A TRUE COPY OF LETTER NO. 11907/B2/2016/VIG. DATED 26/11/2016.
/True Copy/ PS To Judge.
rv