K CHANDRASEKHARAN Vs. C SASIDHARAN PILLAI

JUDGEMENT

(1.) The Kerala Public Men (Prevention of Corruption) Act, hereinafter referred to as the Act, enables any person, except a public servant, a service association or trade union, to present a petition to the Commission constituted under S.4 of the Act, requesting investigation Into the allegations of corruption against public men. The respondent No. 1, made such a petition against the petitioner herein on 12th April, 1988, supported by an affidavit as required by S.8 of the Act. On 2-7-1988 and 3-9-1988 the petitioner filed certain preliminary objections to the investigation into the allegations. The respondent No. 2, the Commission, by three separate orders dated 25-10-1988 rejected (a) the preliminary objections (b) allowed the application No 13 of 1981 by respondent No. 1 for leave to alter the date of his affidavit from 12-4-1988 and to 16-4-1988 (c) rejected the petitioner's application No. 11 of 1988 for prosecuting the respondent No. 1 for breach of S.8(4) of the Act. These orders are impugned in this petition.

(2.) I will briefly outline in Para.3-5 below the scheme of the Act and Rules framed thereunder, in so far as is relevant for consideration of this petition.

(3.) The Act establishes an authority to investigate allegation of corruption against public men. By definitions contained in clauses (c) and (d) of sub-s.(1) of S.3 of the Act corruption includes abuse of position as a public man and wilfully doing any act in contravention of any law. The constitution and composition of the commission is Said down in S.4 of the Act.