ABDUL RAHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) Ext.P4 order passed by the respondent no.2 declining sanction under Sec. 19 of the Prevention of Corruption Act, 1988 (for short, 'the P.C. Act') is under challenge in this Writ Petition (Crl.).

(2.) The petitioner herein filed Ext.P2 private complaint before the Enquiry Commissioner and Special Judge (Vigilance), Thiruvananthapuram (for short, 'the Court below') against seven persons alleging that they have committed offences punishable under Ss. 13(1)(c) and (d) of the P.C. Act r/w Ss. 420, 468, 471, 120B r/w 34 of the I.P.C. Out of seven respondents, respondent nos. 4 to 7 are public servants being Presidents and Secretaries of Velinalloor Grama Panchayath. The allegation raised in the complaint is with respect to the misappropriation of public funds pertaining to 'Swajaladhara Kudivella Padhathi'. After filing Ext.P2 private complaint, the petitioner filed Ext.P3 to the respondent no.2, who is the Home Secretary to the Government of Kerala to accord sanction to proceed against the respondent nos. 4 to 7 in Ext.P2 complaint. The respondent no.2 as per Ext.P4 order declined sanction. The said order is under challenge in this Writ Petition (Crl.)

(3.) I have heard Sri.B.Dipu Sach Dev, the learned counsel for the petitioner as well as Smt. Deepa K.R., the learned Special Government Pleader for LSGD.