T.E.SHAMSUDIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, while working as Forest Range Officer, Thodupuzha was alleged to have committed criminal misconduct during the period from 1.1.2002 to 5.7.2002, by causing unauthorised and intentional removal of thondi articles were worth Rs.7,04,240/-, from the compound of the Forest Range Office, Thodupuzha. Based on the allegation, petitioner was arrayed as accused in V.C.No.06/04/IDK registered at the Vigilance Police Station, Idukki on 3.5.2004 for offences under Sections 13(1)(c)(d) read with 13(2) of the Prevention of Corruption Act , 1988. Even though the petitioner retired from service on 31.3.2011, his retirement benefits are denied due to the pendency of the vigilance case.

(2.) It is submitted that, on enquiry, petitioner came to know that investigation into the vigilance case against him was concluded by report dated 29.1.2011 stating "further action dropped" and that the report has been submitted before the Enquiry Commissioner and Special Judge, Kottayam. On the petitioner approaching the Court of Enquiry Commissioner and Special Judge, Kottayam, he was informed that V.C.No.06/04/IDK had been transferred to the Court of the Enuqiry Commissioner and Special Judge, Muvattupuzha. On enquiries at the Muvattupuzha Court, petitioner was informed that only the FIR and mahazars were received and the final report was not seen in the case file. The prayer in this Crl.M.C is to quash the proceedings in the vigilance case, which is remaining unconcluded, in spite of the final report being filed way back on 29.1.2011 dropping all further action in the matter.

(3.) On 8.7.2020, this Court had directed the Registry to obtain a report from the Court of the Enquiry Commissioner and Special Judge, Muvattupuzha with respect to the present status of V.C.No.06/04/IDK and, if the final report is filed and cognizance taken, the time limit within which trial can be completed and the matter finally disposed of. By communication dated 23.7.2020, the Enquiry Commissioner and Special Judge, Muvatupuzha reported that final report has not yet been submitted in the vigilance case.