USMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is a Government servant, challenges Ext. P6 order dated 17.5.2002 of the competent authority, giving sanction under S.19(1)(c) of the Prevention of Corruption Act, 1988 for prosecuting him for various offences under the Prevention of Corruption Act, 1988 and the Indian Penal Code. The brief facts necessary for the disposal of the case are the following.

(2.) The petitioner is an Agricultural Assistant working under the respondents. While he was working in the office of the Krishi Bhavan, Adatt, Thrissur, he was suspended from service alongwith others on 1.12.1999 by the 2nd respondent, Director of Agriculture, by Ext. P1 order. The Vigilance and Anti Corruption Bureau, later, registered Crime No. 2/00 on 14.3.2000 against the petitioner for offences under S.13(1)(d) read with S.13(2) of the Prevention of Corruption Act, 1988 and also under S.420, 468, 471 and 120(b) of the Indian Penal Code. The First Information Report is produced as Ext. P2. The allegation against the petitioner and others is that they conspired with a lime merchant and obtained undue pecuniary advantage to them by defrauding the Government.

(3.) Later, the petitioner was served with Ext. P3 memo of charges and Ext. P3(a) statement of allegations alleging serious misconducts of misappropriation of Government money, forgery of official documents and cheating the Government. The petitioner submitted Ext. P4 reply. An Enquiry Officer was appointed into the allegations against the petitioner and others. It appears, the Officer has submitted his report on 15.1.2001. Pursuant to the submission of the report, some of the Officers under suspension were reinstated as evident from Exts. P5 and P5(a). The petitioner also claimed reinstatement in service. When his representations were not considered by the respondents, he filed O.P. No. 15855/02 challenging his suspension and also praying for reinstatement in service. The said O.P. is pending.