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2025 Supreme(Online)(Ker) 55511

KERALA HIGH COURT
A. M. Basheer, J
Nishad B. N. (Dr.) v. Deputy Superintendent of Police Vigilance and Anti Corruption Bureau Pathanamthitta


Advocates:
For the Appellants/Petitioners: Counsel A, Counsel B
For the Respondents: Special Public Prosecutor (Vigilance)

Table of Content
1. allegations of misconduct in duty charts relate to officially assigned duties. (Para 1 , 2 , 4)
2. rmo's authority over duty assignments was central to defense arguments. (Para 3 , 6)
3. investigation under specified ipc sections was deemed unwarranted. (Para 5 , 7 , 8)
4. orders for further investigation were set aside. (Para 9)

1. The petitioner is the 2nd accused in VC No.2/2018 / PTA of Vigilance and Anti - Corruption Bureau (VACB), Pathanamthitta. In the said crime, one Dr.Jeeve Justus, Orthopaedic Surgeon, General Hospital, Adoor was the accused. The allegation was that he demanded illegal gratification of Rs.4,000/- from the de facto complainant for the knee surgery of her son. VACB laid a trap. At about 4.20 p.m. on 30/06/2018 Dr.Jeeve Justus accepted the bribe, and the tainted notes were recovered from his possession. After due investigation, the VACB submitted Annexure - 3 final report. The recommendation in the report was to drop the proceedings against the accused. In the said report, it was stated that the ward duty chart maintained in the General Hospital, Adoor on the relevant day was manipulated by the petitioner, who was the Resident Medical Officer








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