The court emphasized the importance of timely investigation in corruption cases, balancing the rights of the accused with the need for thorough examination of allegations.

JUDGMENT

Dated this the 9th day of April 2021

The writ petitioner was selected to the post of Chief Executive Officer of the Waqf Board, while he was actively involved in social and political activities, apart from carrying on the practice as a lawyer, mainly at Hosdurg. He could take charge only after prolonged procedures, since persons enimical to him had raised objection regarding his appointment, due to the political background of the petitioner. He joined the service on 25/6/2001. He claimed that, during his tenure various measures were taken to run the Board effectively and to increase the annual income of the State Waqf Board from Rs. 48 Lakhs to Rs.7 Crores per year. It is also stated that the then Minister was in enimical terms to him, since he belonged to an opposite political party. After few years, the same Minister took charge when the change of the Ministry occurred in 2000. The Minister continued to be enimical to him. Accordingly, at the instance of few persons, who were enimical to him politically, repeated false, frivolous and vexatious complaint were filed before the various authorities.

2. The present Ministry came to power in 2016, when the new minister who was enimical to him took charge and continued to harass him. Pursuant to the complaint laid, confidential verification was conducted by the Inspector of Police, Vigilance and the Anti Corruption Bureau, kozhikode, and filed report stating that the petitioner had acquired/amassed disproportionate assets to the tune of Rs. 27, 67,901/-, when compared to be his known source of income. Ext.P7 is the confidential verification report filed by the Inspector of Police Vigilance and Anti Corruption Buareau, Kozhikode.

3. According to the petitioner, recommendation in Ext.P7 was only for a further vigilance enquiry . However, Vigilance case was registered by filing FIR No.1/2018 of VACB(SCK), Kozhikode under Section 13 (1)(e) read with section 13(2) of the Prevention of Corruption Act . Ext.P8 is the FIR.

4. According to the petitioner, the confidential verification report based on which, FIR was registered contained absolutely untrue facts and based on a wrong application of law and also without considering relevant facts. The authority arrived at an improper conclusion that prima facie the petitioner has amassed assets disproportionate to known source of income. In the confidential report, it was stated that the petitioner had only received an income of Rs.59,00,139/- as his total income during the check period from 1/1/2007 to 31/10/2016.

5. According to the petitioner, by virtue of Rule 63 of the Kerala Waqf Rules 1996, as amended in 2005, petitioner was in the grade of Additional Secretary to the Government and was drawing salary and other allowances applicable to the post. During the check period, he was drawing the salary and allowances applicable to the said post. He was also entitled to official residential accommodation and the salary in the grade of Additional Secretary evident from Ext.P9.

6. Another contention of the petitioner was that, he had received a total income of Rs.1,04,00,112/- including all allowances, PF savings account withdrawal etc. . It was also held that a sum of Rs. 25,68,000/- was shown under the head of 'expenditures' incurred by the petitioner towards the rent for the flat in Padamughal, Thrikkakkara occupied by the petitioner as his official accommodation. In fact, he was staying in that flat only from August 2012 till October 2016. Petitioner was given an official accommodation through out the period of his service and the entire rent was paid by the Kerala State Waqf Board. Accordingly, this amount should not have been shown under the heading of 'expenditure'.

7. It was also contended that another major expenditure shown in the confidential report was the education expenses of both the children of the petitioner which comes to 24 28,020/- . It was stated that the elder son was shown as an employee at Bangalore . However, during th