JEYAPRASAD S D Vs. STATE OF KERALA

JUDGEMENT

(1.) An industry by name Canon Granites Private Limited, Perumpilavu, Thrissur District of which one 'Mr. Simon K. Francis' is a Director, had applied for the consent of the Pollution Control Board (hereinafter referred to as Board) for installation of two additional secondary Crushers. The said application was rejected by the Board. It appears from the records that the said industry proceeded to install the additional crushers even though the Board declined consent The Board initiated action against the said industry. The industry approached this Court by way of Writ Petition. The full particulars of the same may not be necessary, except to state that by order dated 08.04.2005, this Court gave certain directions to the Pollution Control Board to examine whether the functioning of the above industry is causing any pollution beyond the limits permissible under the law. It is alleged against one Surendren that he demanded from the above mentioned Simon K. Francis an illegal gratification of an amount of Rs. 15 lakhs for giving a favourable report. The said Simon K. Francis complained to the vigilance authorities of the State who in turn laid a trap on 23.05.2005 at about 7.00 P.M. and vigilance case No. 07/05 was registered, the investigation of which was eventually entrusted to CBI by virtue of an order of this Court dated 24.02.2006 in W.P. (C) 19759 of 2005 filed by Mr. Simon K. Francis. It appears, from the records, that the CBI completed the investigation in the said matter and filed a final report under Section 173 of the Criminal Procedure Code on the file of Special Judge of CBI Court. Ernakulam, opining that the above mentioned Surendran committed offences under Sections 7, 13 (2) r/w 13 (1)(d) of the Prevention of Corruption Act, 1988. 2. Based on another complaint given by one Muraleedharan, the petitioner in W.P(C) 36185 of 2007, another vigilance case No. 21 of 2000 on the file of Vigilance Department Kozhikkode is registered against the above mentioned Surendran and in that case also a trap was laid and final report was filed before the Enquiry Commissioner, Vigilance Department. Kozhikode as case No. 01 of 2008 reporting that Surendran is required to be tried for offences under the Prevention of Corruption Act. A charge memo dated 31.10.2008, came to be issued by the State of Kerala framing certain charges against one Mr. Jeyaprasad, who was working as the Member Secretary of the Kerala State Pollution Control Board in connection with sordid episode mentioned earlier. The substance of the allegation in the charge memo is that Jeyaprasad created some false documents with an intention to protect Surendran, who was working as Environmental Engineer in the Pollution Control Board at Trichur, who was facing criminal cases under the Prevention of Corruption Act mentioned earlier. The relevant portion of the charge memo is as follows:

(2.) Mr. S.D. Jeyaprasad was working as Member Secretary of the Kerala State Pollution Control Board, a statutory board constituted under the Prevention of Water Pollution Control Act 1974, w.e.f. 18.04.2005. By a Government Order GO. (Rt.) No. 71/2009/Envt. dated 31.08.2009, Mr. Jeyaprasad was appointed as the Chairman of the Kerala State Pollution Control Board for a period of one year from the date of his taking over charge. Subsequently, by a letter dated 27.03.2010 of the Secretary to Government, Government of Kerala, Environment (A) Department, the said Jeyaprasad was informed that the Government proposes to make his tenure as the chairman of the Pollution Control Board co-terminus with the date of his retirement from the Board service i.e., 31st March, 2010 and called upon Jeyaprasad to show cause, if any as to why such a decision should not be taken.

(3.) Challenging the said communication dated 27.3.2010, Mr Jeyaprasad filed a Writ Petition No. 11235 of 2010. Along with the said Writ Petition he also sought for an interim order seeking to stay all the operations of the above mentioned proceedings. On 31.3.2010, an interim order as sought for by the petitioner was granted. Subsequently, by filing I.A. 10950 of 2010, the above mentioned Jeyaprasad also sought for a positive direction to continue him in the office of Chairman for a period of 3 years. The said prayer was rejected by this Court by order dated 18.08.2010. Aggrieved by the said order Mr. Jeyaprasad filed W.A. No. 1436 of 2010. By interim order dated 20.10.2010 in the above mentioned appeal, a Division Bench of this Court ordered "stay against termination of the appellant until disposal of the said Writ Appeal".