Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
R. Narayana Pisharadi, J.
N.Raju – Petitioner
Versus
The State Of Kerala Represented By Public Prosecutor And Ors. – Respondents
O.P.(Crl) No.452 of 2016 & Crl.M.C.Nos.2090 of 2020, 2091 of 2020, 2096 of 2020, 2099 of 2020, 3569 of 2020, 3574 of 2020, 3577 of 2020 and 3601 of 2020
Decided On : 01-10-2021
Corruption - Appointment of Public Servants - Prevention of Corruption Act, 1988 - Sections 7, 9, 11, 12, 13 and 14 - Summary of the allegations against the accused, as stated in Ext.P27 charge-sheet (in C.C.No.11/2019), reads as follows: “A-1 K.Muraleedharan being Guruvayur Devaswom Administrator, A-3 T.V.Chandramohan being Guruvayur Devaswom Managing Committee Chairman, A-4 Madhusoodhanan Pillai, A-5 Thushar Vellapilly, A-6 M.Janardhanan and A-7 Sivasankaran are being the Guruvayur Devaswom Managing Committee Members and A-9 O.Sankaranarayan then Executive Engineer (Electrical) with an intention to get a promotion to A-2, and as per the direction of A-2 to A-7, A-9 submitted a report to create 3 new posts in Guruvayur Devaswom Electrical Wing including the post of Foreman Grade-I, and since A-2 had no technical qualification, A-9 prescribed no technical qualification for the post of Foreman Grade-I, A-2 to A-7 who were the Administrative Committee Members of Devaswom illegally resolved to create 3 new posts including Foreman Grade-I in the electrical & water supply wing and the post of 'System Analyst' in the Computer wing of Guruvayur Devaswom, during the period from August -2012 to August -2013 conspired together with A-2 N.Raju and with an intention to facilitate promotion for A-2 N.Raju, abused their official position as public servants and violated Guruvayur Devaswom Act 1978, Guruvayur Devaswom Rules and Guruvayur Devaswom Employees Regulation,1983 and also by again violating Honourable Kerala High Court Judgment in O.P.No.15832/1993-I & 5900/97 dated 05.08.1999, illegally created new post of 'Foreman Gr-1' in the Devswom Electrical & Water supply wing, without putting the recommendation to create the post for the study of the Devaswom Expert Committee and fixed qualifications to the new post so as to enable A2 to get the promotion, and also violated Central Electricity Authority (Measures Relating to Safety and Electric Supply) Regulations-2010 Chapter-II Section 3(3), and Circular No-B1 17175/2001/CEI/18/09/2004 of Chief Electricity Inspector Kerala, A-2 N.Raju was illegally promoted to the post of Foreman Grade-1 on 25/05/2013 as he had no technical qualification for the post, and posted A-2 as Power House In Charge in Guruvayur Devaswom Electrical Wing and by the promotion A-2 got illegal pecuniary advantage of 2 additional increments of Rs.440/-each. Sri.V.M.Gopalamenon who was the Guruvayur Devaswom Commissioner who sanctioned to create the 3 posts namely Foreman Grade-1, Storekeeper and Head Draftsman has clearly specified in his order to include these posts in the Guruvayur Devaswom Employees Regulations and to promote eligible persons to these posts. But, the Managing Committee and Administrator made appointment to these posts without taking any steps to include these posts in the Guruvayur Devaswom Employees Regulations (Ext-B2 page 443-444). But, A-1 to A-7 had not taken any steps to include these posts in the employee's regulations. As a result of it, A-2 got illegal pecuniary advantage through the promotion to the post of Foreman Grade-1 to an extent of Rs.11,993/-. The promotion list was not submitted to the Commissioner for confirmation. Hence, any abuse of power or misconduct from the part of Sri.V.M.Gopalamenon is not revealed in the investigation, hence he is deleted in the array of accused (specified in the FIR). The array of accused is changed as (A1) K.Muraleedharan former Guruvayur Devaswom Administrator (A-2 in FIR), (A2) N.Raju, former Guruvayur Devaswom Managing Committee member (A-3 in FIR), (A3) T.V.Chandramohan former Guruvayur Devaswom Managing Committee Chairman (A-4 in FIR), (A4) Madhusoodhanan Pilla, former Guruvayur Devaswom Managing Committee member (A-5 in FIR), (A5) Thushar Vellappilly former Guruvayur Devaswom Managing Committee member (A-6 in FIR), (A6) M.Janardhanan former Guruvayur Devaswom Managing Committee member (A-7 in FIR), (A7) K.Sivasankaran (former Guruvayur Devaswom Managing Committee member (A-8 in FIR), (A8) K.Renjith System Analyst, Guruvayur Devaswom (Accused additionally arrayed during the investigation) and (A9) O.Sanakaranarayanan Former Executive Engineer (Electrical) Guruvayur Devaswom, accused additionally arrayed during the investigation). Similarly, A-1, A-2, A-3, A-6 and A-7 abused their official position as public servants and conspired together with A-8 K.Renjith, violated Guruvayur Devaswom Act, 1978 & Rules and Guruvayur Devaswom Employees Regulation, 1983, without publishing any notifications in the medias regarding the vacancy of System Analyst, without conducting any test or interview, appointed A-8 K.Renjith as System Analyst in Guruvayur Devaswom for one year with a monthly salary of Rs.35,000/-and extended his service after the completion of one year violating the order of the Devaswom Commissioner to terminate the service of A-8 who obtained illegal pecuniary gain of Rs.2,99,821/-. By effecting these illegal appointments, the accused persons A2 & A8 obtained illegal pecuniary gain to the extent of Rs.3,09,939/-and incurred huge financial loss of the same extent during 2013-14 financial year to the Guruvayur Devaswom Board and thereby committed the offences punishable under Sections 13(2) read with 13(1)(d) of P.C Act, 1988 and Sec.120(B) IPC.”
Fact of the Case:
The accused, including the former Guruvayur Devaswom Administrator, Managing Committee members, and an Executive Engineer, were alleged to have conspired to create new posts and make illegal appointments in violation of regulations and rules, resulting in pecuniary advantage and financial loss to the Devaswom Board.
Finding of the Court:
The court found that the allegations against the accused lacked factual basis and quashed the final reports filed by the Vigilance and Anti-Corruption Bureau in the Special Court, as they pertained to the petitioners, and all proceedings against the petitioners alone based on such final reports.
Issues: The issues revolved around the legality of the appointments and promotions made by the accused, the alleged abuse of official position, and the pecuniary advantage obtained by the accused.
Ratio Decidendi: The court held that the appointments and promotions, while irregular, did not establish criminal misconduct under the Prevention of Corruption Act, as the pecuniary advantage obtained by the accused was protected by court orders and ratification by the competent authority.
Final Decision: The court quashed the final reports filed against the accused, finding that the allegations lacked factual basis and did not establish criminal misconduct under the Prevention of Corruption Act.
JUDGMENT :
The Original Petition, O.P.(Crl) No.452 of 2016, is filed under Article 227 of the Constitution of India by the second accused in the cases C.C.Nos.11/2019, 12/2019, 13/2019 and 14/2019, which are pending in the Court of the Enquiry Commissioner and Special Judge, Thrissur, for quashing the final reports (charge-sheets) filed against him in those cases by the Vigilance and Anti-Corruption Bureau (VACB), Thrissur.
2. The petitions, Crl.M.C.Nos. 2090 of 2020, 2091 of 2020, 2096 of 2020 and 2099 of 2020, are filed by the eighth accused and the petitions, Crl.M.C.Nos. 3569 of 2020, 3574 of 2020, 3577 of 2020 and 3601 of 2020, are filed by the fifth accused in the above cases, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') for quashing the final reports (charge-sheets) filed against them in those cases.
3. The accused in all the above cases are the same persons. There are altogether nine accused. The first accused was the Administrator of the Guruvayoor Devaswom. The third accused was the Chairman of the Guruvayoor Devaswom Managing Committee (hereinafter referred to as 'the Managing Committee'). Accused 2 and 4 to 7 were Members of the Managing Committee. Accused No. 8 was the System Analyst and Accused No.9 was the Executive Engineer (Electrical) in the Devaswom.
4. The documents produced by the parties shall be referred to as they are in O.P.(Crl) No.452 of 2016.
5. The third respondent filed Ext.P14 complaint in the Court of the Enquiry Commissioner and Special Judge, Thrissur alleging commission of offences punishable under Sections 7, 9, 11, 12, 13 and 14 of the Prevention of Corruption Act, 1988 by the Administrator of the Devaswom and the Members of the Managing Committee. It was alleged in the above complaint that the post of Foreman Grade-I (Electrical and Water Supply) was created by the Managing Committee of which the second accused was a Member and the second accused, who did not have the qualifications to hold that post, was promoted and appointed to that post in violation of the rules and regulations. It was also alleged in the above complaint, that the eighth accused was temporarily appointed to the post of System Analyst, which was actually a post not in existence, without notifying the vacancy and without conducting any examination or interview. Other allegations were also made in the complaint with regard to appointment of various persons in the Devaswom in violation of the rules and regulations.
6. As per the direction made by the Special Court, the Inspector of Police, VACB, Thrissur conducted a preliminary enquiry (quick verification) into the allegations in Ext.P14 complaint and he submitted Ext.P15 report before the Special Court in which no criminal action was recommended against any of the accused.
7. The Special Court did not accept Ext.P15 report. The Special Court found that the allegations in the complaint disclosed commission of cognizable offence under the Act. Therefore, as per Ext.P16 order, the Special Court directed the Deputy Superintendent of Police, VACB, Thrissur to register a case against the accused and conduct investigation into the allegations in Ext.P14 complaint.
8. Pursuant to the direction made in Ext.P16 order of the Special Court, a case was registered as V.C.No.32/16/TSR under Sections 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and under Section 120B of the Indian Penal Code.
9. The second accused then filed the Original Petition, O.P (Crl.) No.452 of 2016, challenging Ext.P16 order passed by the Special Court.
10. During the pendency of the Original Petition, the investigation in the case was completed and four final reports were filed against the nine accused mentioned earlier alleging commission of the above offences by them.
11. The Special Court took cognizance of the offences on the basis of the above four final reports and the cases are pending against the accused in the Special Court as C.C.Nos.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
