Kerala High Court
Abdul Sathar T.A vs State Of Kerala on 9 November, 2018
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY ,THE 09TH DAY OF NOVEMBER 2018 / 18TH KARTHIKA, 1940
OP(Crl.).No. 534 of 2018
CRIME NO. 09/2013 OF VACB, ERNAKULAM , Ernakulam
PETITIONER/ACCUSED:
ABDUL SATHAR T.A.,
AGED 39 YEARS, S/O.T.S. ALI, THOPPIL HOUSE,
MUPPATHADOM PO, ALUVA, ERNAKULAM DISTRICT,
(PRESENTLY WORKING AS SUB INSPECTOR OF POLICE,
DISTRICT CRIME RECORDS BEURAUE, IDUKKI).
SRI.MANSOOR.B.H.
SHRI.A.K.ANANDA VISHNU
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682 031.
2 DEPUTY SUPERINTENDENT OF POLICE,
VIGILANCE AND ANTI CORRUPTION BEURAUE,
ERNAKULAM.
3 SUPERINTENDENT OF POLICE,
VIGILANCE AND ANTI CORRUPTION EURAUE, CENTRAL
RANGE, ERNAKULAM.
4 THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION
BEURAUE,
THIRUVANANTHAPURAM-695 001.
5 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,
VIGILANCE DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
OTHER PRESENT:
SRI.A RAJESH -SPL PP VACB
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
09.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(Crl.).No. 534 of 2018
-2-
J U D G M E N T
The petitioner herein seeks a direction under Article 227 of the Constitution of India, to the Vigilance Tribunal, Thiruvananthapuram, as regards an enquiry being conducted there as Case No. 8 of 2016 in V.C. No. 09 of 2013 of the Ernakulam Unit of the VACB. The matter is now before the Vigilance Tribunal, and not before the Special Court constituted under the Prevention of Corruption Act. a Vigilance Tribunal does not come within the supervisory powers and administrative control of the High Court. So, this Court cannot pass any orders or pass any direction to the Vigilance Tribunal under Article 227 of the Constitution of India. Realising this fact, the learned counsel now seeks permission to withdraw the original petition with liberty to bring appropriate application to challenge the proceedings.
OP(Crl.).No. 534 of 2018-3-
2. The said submission is accepted. Accordingly, this original petition is disposed of as withdrawn, without prejudice to the right of the petitioner to file appropriate application for the relief sought.
The Registry is directed that care shall be taken when such matters are brought under Article 227 of the Constitution of India.
Sd/-
P.UBAID JUDGE ds 09.11.2018 OP(Crl.).No. 534 of 2018 -4- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER BEARING NO.C2(VC09/13/EKM)38699/13 ISSUED BY THE THIRD RESPONDENT TO THE FOURTH RESPONDENT.