STATE OF KERALA Vs. V P ARUMUGHAN

JUDGEMENT

(1.) This petition is filed by the Government of Kerala challenging an order made by the Enquiry Commissioner and Special Judge, Kozhikode refusing to grant permission for conducting further investigation in Crime 1/1997 registered by the Deputy Superintendent of Police, Vigilance Anti Corruption Bureau, Palghat. After completing the investigation in the above crime, final report was filed in Court and the case was taken on file as C.C. 2/1999. The case related to the execution of work known as Kariarkutty - Karappara Project and originally there were seven accused including the officers of the Irrigation Department and some contractors. The allegation is that in entering into an agreement for the execution of the work it was done in such a way so that the contractor could gain undue advantage causing wrongful loss to the Government and thereby offences under the various provisions of the Prevention of Corruption Act were committed.

(2.) During the course of investigation the investigating agency determined the executed earth work done by the contractor with the assistance of an Assistant Executive Engineer attached to the Vigilance and Anti Corruption Bureau Unit and two other officers of the K.K.I.P., an Assistant Engineer and Assistant Executive Engineer. The quantity of earth work executed was found as 88873.08 M3 whereas the Engineers in charge of the work recorded the quantity of earth work executed as 110416.59 M3. The allegation is that as a result of recording the executed work in the manner stated above, the contractor was allowed to obtain pecuniary advantage of Rs. 57,10,225/- by illegal means.

(3.) An Original Petition was filed as O.P. 445/2000 in this Court seeking directions to the State Government to take steps to resume the work of Karappara - Kuriyarkutty Project which was discontinued following the vigilance enquiry. As per the direction of this Court in the above Original Petition, according to the petitioner, it was necessary to take measurement of the work already executed so that the work could be continued. The Assistant Executive Engineer, Karappara - Kuriyarkutty Project measured the same and the quantity was worked out as 110802 M3. Since there was difference in the quantity of executed work assessed by two different set of officers a decision was taken by the investigating agency to conduct further investigation of the case collecting further evidence regarding the actual work executed. The Government of Kerala, the petitioner would allege in the petition that it was felt necessary that proper measurement is taken with the help of records already submitted in the Court of the Enquiry Commissioner and Special Judge and that in case that is not done, the prosecution case will become weak. The submission made is that the prosecution will not be able to rely on the actual quantity of work which was described as 88873.08 M3 since there is difference in the statement regarding the quantity of work executed when the measurement was taken for complying with the direction of this Court in the Original Petition filed.