The power vested in the Government under S.3 of the Commissions of Enquiry Act should be exercised 'bona fide' and in accordance with law, and the appointment of a Commission of Enquiry is impelled by a desire to maintain high standards in public life.

1. The petitioner, Sri. R. Balakrishna Pillai, is a member of the Kerala Legislative Assembly. He belongs to the Kerala Congress (J) which is a component of the United Democratic Front (hereinafter referred to as the U. D. F.) led by the Congress (I). He was a Minister holding the portfolio of Electricity in the previous Ministry (U. D. F. Government) which was in power from 1982 to 1987. In this Original Petition, the attack is against Ext. P6, a notification issued by the State Government dated 16-12-1987. The said notification is one issued under S.3 of the Commissions of Inquiry Act, 1952 (Central Act 60 of 1952). As many as 14 allegations against the petitioner are included in the Appendix to Ext. P6. A free translation of the said allegations in English (as furnished by petitioner's counsel) is as follows:

1. The contract of Tunnel driving works of the Lower Periyar Project given to the "Hindustan Construction Company" (H. C. C.), which was quoted more than Rs. 1,09,80,000/- than the "Asian Tech Company". In order to make the H. C. C. as the lowest tenderer technically and thus to award the contract to them, conventions and approved methods followed hither to for tabulating tenders were violated. The Minister, Sri. R. Balakrishna Pillai has accepted Rs. 50 lakhs as bribe in this transaction.

2. In awarding the contract of Power Tunnel Driving and concrete lining works of the Kakkad Project to C. S. Company, Kottayam and in giving mobilisation advance of Rs. 19 lakhs to it, corruption was committed. The Minister has. received Rs. 5 lakhs as bribe in this transaction.

3. Instead of entrusting the transporting and erection works, of the Idikky second stage Project to the lowest tenderer namely'BINNY COMPANY', Madras, the same was given to a sister organisation of the H. C. C. viz., Indian Hume Pipe Company, Poona at the interference of the Minister, wherein he has committed corruption.

4. The Minister had interfered and committed corruption in awarding a compensation of Rs. 145.38 lakhs to the H. C. C. the Contractors of the Idamalayar Project in the name of Labour Disputes, etc., and in extending the period without completing the works taken up by them, even by overriding the decision of the Council of Ministers.

5. The Minister has accepted Rs. 20 lakhs as bribe through the Agent Sri. Parameswarankutty, who is his relative, by giving the order to the "Crompton Engineering Company", cancelling the orders already issued to the "TELK" a Public Sector Organisation in the purchase of three transformers for the Idukky second stage.

6. The work of transmission towers was awarded to the Grovel Company, Madras by overlooking even the recommendations of the Board Officials, thereby committing corruption by the Minister.

7. The order for the supply of the distribution transformers was given to an outside State agency Johnson Company, without giving the same either to K. E. L. a public sector organisation or to Indian Transformers Company, a private sector organisation, thereby committing corruption by the Minister.'

8. The act of deputing Parameswarankutty, a relative of the Electricity Minister, to work as an agent of 12 Companies from whom materials have been purchased by the Kerala State Electricity Board, has resulted in the corruption by the Minister.

9. The Electricity Board needs only 10,000 Poly Phase Metres, annually but lump sum orders were placed for 68,000 metres, out of which orders for 53,000 metres were issued to "Symco Metres" and Electricals, Hyderabad, etc. This is an action of corruption by the Minister.

10. The Electricity Board has negotiated and given an order for 660 K.M. of A.C.S.R. Cables at Rs. 186.72 lakhs. The order was awarded to ' the Falcon Wires and 'Omega' Madras, because Sri. Parameswarankutty who is a close relative of the Minister, was working as their agent and 20% commission was received by him overlooking the claim of the Kundara Alind Company, which was agreed for the same rate. The Minister