BINU.N.E Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers made in this writ petition read as follows:

(2.) The averments in the writ petition, on the basis of which the above reliefs are sought, are as follows: The 4th respondent Panchayat sanctioned a project on 18.04.2018 for paving concrete tiles in Tankcity-Varikkad Road. A detailed estimate was prepared by the 3rd respondent. The amount estimated was Rs.8,95,000/-. As per the estimate, the 4th respondent Panchayat entered into an agreement with the 6th respondent and order for commencement of the work was given on 26.11.2018. However, no action was taken by the contractor. He has not executed the work. On 21.01.2019, an amount of Rs.8,28,552/- was paid to the contractor by the 4th respondent Panchayat. The petitioner and another person filed Ext.P5 complaint to the Director of Vigilance and Anti-Corruption Bureau (VACB) in the matter. However, the VACB has not taken any action on Ext.P5 complaint. The 6th respondent and the members of the 4th respondent Panchayat have jointly and severally committed the offence of criminal misconduct and also other offences which are punishable under the Prevention of Corruption Act, 1988.

(3.) The Inspector of Police, VACB, Central Range, Ernakulam has filed a statement in the writ petition on behalf of the second respondent.