MOHAMMED KUNJU C.U Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in C.C.No.15/2020 on the file of the Court of Enquiry Commissioner and Special Judge, Muvattupuzha. He is aged 73 years. As seen from the medical records produced, he is suffering from various ailments. The petitioner was working as Joint RTO, RTO and Deputy Transport Commissioner in various offices of the Kerala Motor Vehicles Department during the period from 1/4/1993 to 31/7/2003.

(2.) The prosecution allegation is that, the petitioner acquired wealth disproportionate to his source of income to the tune of Rs.63,60,276.74 in his name and in the name of his family and thereby committed the offence punishable under Sec. 13(1)(e) read with Sec. 13(2) of the Prevention of Corruption Act.

(3.) According to the petitioner, the investigating agency did not calculate his wealth correctly. His wealth was calculated without taking into consideration the inherited property belonging to his sister and his wife. It is also alleged that the children of the petitioner are also working at that point of time which was also not considered by the investigating agency. When the petitioner noticed the above fact, he submitted a detailed representation to the Director of Vigilance/3rd respondent on 13/6/2022. Ext.P1 is the said representation. The limited prayer of the petitioner is to give a direction to the 3rd respondent to consider Ext.P1 representation and if found necessary, direct further investigation.