LAWS(KER)-2021-3-52

A. DEVADAS Vs. STATE OF KERALA

Decided On March 05, 2021
A. Devadas Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The orders passed by the Enquiry Commissioner and Special Judge, Kottayam in the applications for discharge filed by the accused in the case C.C.No.5/2014 are under challenge in these revision petitions filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973 (for short 'the Code') and the Criminal Miscellaneous Case filed under Section 482 of the Code.

(2.) There are altogether eleven accused in the case. Accused No.1 was the Executive Engineer, Public Works Department (PWD), Roads Division, Alappuzha during the period from 02.12.2002 to 31.05.2003. Accused No.2 was the contractor engaged by the PWD for conveyance of packed bitumen from the Kochin Refineries Limited (KRL). Accused No.3 was the Assistant Engineer of the PWD Section, Alappuzha during the period from November 1999 to October 2004. Accused No.4 was the Assistant Engineer of the PWD Section, Cherthala during the period from 03.06.2002 to 31.01.2005. Accused No.5 was the Executive Engineer, PWD Roads Division, Alappuzha during the period from 27.06.2003 to 31.08.2005. Accused No.6 was the authorised agent of Accused No.2. Accused No.7 was the Divisional Accountant, PWD Roads Division, Alappuzha during the period from 24.09.2001 to 31.05.2005. Accused No.8 was the Assistant Executive Engineer (Technical Assistant), PWD Roads Division, Alappuzha during the period from 14.07.2003 to 30.09.2006. Accused No.9 was the Assistant Engineer (Works), PWD Roads Division, Alappuzha during the period from 17.04.2000 to 27.07.2006. Accused No.10 was the Junior Superintendent, PWD Roads Division, Alappuzha during the period from 03.07.2003 to 18.01.2007. Accused No. 11 was the Clerk in the Office of the PWD Roads Division, Alappuzha during the period from 02.06.2003 to 10.09.2009.

(3.) The summary of the allegations against the accused, as stated in the charge-sheet filed by the Vigilance and AntiCorruption Bureau (VACB) in the trial court, reads as follows: