HIGH COURT OF KERALA
Kauser Edappagath, J
PURUSHOTHAMAN
– Appellant
Versus
STATE OF KERALA – Respondent
WP(Crl.) 962 2022
Corruption - Writ Petition - Kerala Cooperative Societies Act Section List - The court evaluated allegations of corruption in a cooperative society, finding that preliminary enquiries were conducted, with no evidence supporting the claims, leading to the dismissal of the petition.
Fact of the Case:
The petitioner, as President of a cooperative society, accused officials of maladministration resulting in significant financial loss and requested an investigation. He challenged the inaction of authorities to register an FIR following his complaint.
Finding of the Court:
The court noted that a verification report was conducted by the Vigilance and Anti-Corruption Bureau, which found no evidence of corruption but recommended administrative actions to recover liabilities.
Issues: Whether the authorities conducted an adequate investigation following the complaint alleging corruption and maladministration.
Ratio Decidendi: The court determined that since valid actions had been taken upon the complaint, no further amendments to the current processes were necessary, as the investigation did not substantiate the claims.
Final Decision: The writ petition stands closed.
JUDGMENT
Dated this the 1st day of March, 2023 This writ petition has been filed to give a direction to the
3rd respondent to complete the verification and register F.I.R. on Ext.P2 complaint.
2. The petitioner is the President of Panathura Coir Marketing Co-operative Society, which is one of the societies coming under the Kerala State Co-operative Coir Marketing Federation Ltd. The petitioner preferred Ext. P2 complaint before the 3rd respondent alleging corruption and maladministration on the part of the officials of the Kerala State Co-operative Coir Marketing Federation Ltd., Alappuzha District. The specific allegation mentioned in Ext.P2 is that during the financial year 2017-2018, an annual audit was conducted by the audit section in Kerala State Co-operative Coir Marketing Federation Ltd., Alappuzha District, which revealed that Coir Federation caused a net loss of Rs.92,32,67,347/-. In Ext.P2, the petitioner sought a preliminary enquiry against the responsible officials and also against the persons whose names are specifically mentioned in the audit report and to take appropriate action against the culprits. The petitioner is aggrieved by the inaction on the part of the 3rd respondent in completing the verification and registering the crime. It is in these circumstances, he has approached this Court.
3. I have heard Sri.V.A.Vinod, the learned counsel for the petitioner and Sri.A.Rajesh, the learned Special Public Prosecutor.
4. A detailed statement of facts has been submitted by the Deputy Superintendent of Police, Vigilance and Anti- Corruption Bureau, Alappuzha. In the statement of facts, it is stated that Ext.P2 complaint was registered as CPSP-3- 35403/2022/DVACB dated 28/09/2022 and the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Alappuzha unit was directed to conduct enquiry and submit a verification report. Accordingly, a verification report was submitted by the Vigilance and Anti-Corruption Bureau, Alappuzha unit, with a recommendation to conduct a surprise check to ascertain the facts in detail by verifying the appropriate records. Accordingly, a surprise check was conducted on 14/11/2022. During the verification, no corruption on the part of the officials, as alleged in Ext.P2 complaint, could be found. The surprise check report was concluded with a recommendation to direct the Managing Director of Coirfed, Alappuzha, to take steps to recover the liabilities which were incurred due to the fault of the employees as soon as possible. It is evident that the 3rd respondent had initiated action on Ext.P2 complaint by conducting a verification. As part of the verification, a surprise check was conducted, which revealed few administrative action to be taken, like realising the liability from the responsible officials as per the audit report. Since action on Ext.P2 complaint has already been complied with, no further order is necessary in this writ petition.
Accordingly, the writ petition stands closed.
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