A.J. RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C. has been filed to set aside Annexures D and E court charge and to quash all further proceedings in C.C.No.11/2015 on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram (for short, 'the court below').

(2.) The petitioner is the accused No.1. He is a retired IAS Officer. He is aged 72 years. The offences alleged are punishable under Ss. 13(2), 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act and Ss. 409, 201, 120B of the Indian Penal Code.

(3.) The petitioner was working as Director and the accused No.2 was working as Financial officer of the Directorate of Scheduled Caste Development Department, Thiruvananthapuram during 2002-2003. The prosecution allegation is that the petitioner and the accused No.2 conspired with the accused No.3, who is a private person and Proprietor of Indian Institute of Computer Technology, Varkala, and in furtherance of the conspiracy, the petitioner selected the said institution for imparting computer training to SC students and sanctioned an amount of Rs.3,60,000.00 as 75% of the course fee and PGDCA course for 4 students at the rate of Rs.20,000.00 per student and fee of DHW and NW course for 20 students at the rate of Rs.20,000.00 per student by violating the norms of SCA to SCP scheme being financially assisted by the Government of India. It is further alleged that the accused No.3 entered into a criminal conspiracy with the petitioner and the accused No.2 and obtained sanction for his ineligible institution to conduct computer training to SC students. It is also alleged that eventhough the accused No.3 did not request for any advance payment, the petitioner and the accused No.2 sanctioned the above amount for their pecuniary advantage.