STATE OF KERALA Vs. BERNARD

JUDGEMENT

(1.) This Writ Petition under Art.226 of the Constitution at the instance of the State of Kerala and its officers impugns an order of the Kerala Lok Ayukta dated 9th October, 2001 in Complaint No. 546 of 2001 before him.

(2.) It is necessary to recite some factual background in order to appreciate the grievance that had arisen before the Lok Ayukta, the manner in which the Lok Ayukta dealt with it and the jurisdiction of the Lok Ayukta under the Kerala Lok Ayukta Act, 1999 (hereinafter referred to as the Act)

(3.) Prior to 15.11.1998, an Act by name Kerala Public Mens Corruption (Investigations and Inquiries) Act, 1987 was in force in the State of Kerala. The main object of this Act was elimination of corruption in public offices. With this in mind, the Act provided an elaborate machinery to investigate and enquire into such cases. That corruption in public office or amongst public men is becoming more and more rampant is a fact of which judicial notice can be taken. That it requires effective measures to combat the evil, the Legislature realised, and enacted the present Act to deal with the evil of corruption.