SREEKUMAR S MENOM Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision is directed against the Order dated 31.3.2003 of the Enquiry Commissioner and Special Judge, Thrissur in CMP No. 231/2003, rejecting a complaint filed by the petitioner against the second respondent.

(2.) The facts necessary for the disposal of this petition may be stated as follows: The second respondent herein was working as a Deputy Superintendent of Police in the Vigilance and Anti Corruption Department. The petitioner who is the Secretary of the Kerala People's Forum filed a complaint against the second respondent alleging that he had amassed huge wealth disproportionate to his known sources of income. It is alleged that he has constructed a house which will cost Rs.60 lakhs in violation of the approved plan. It is also alleged that he owns 8 tanker lorries and 4 jeeps which are plying for hire. The further allegation is that two of his children are studying in posh schools where a sum of Rs. 3,000/- per month for a student will have to be spent. On these allegations, the petitioner wanted to initiate proceedings against the second respondent under the Prevention of Corruption Act. The learned Special Judge by the impugned order rejected the complaint on the ground that the materials produced do not show prima facie the truthfulness of the allegations. The order is seriously challenged in this revision.

(3.) The learned counsel for the petitioner strongly contended that the learned Special Judge seriously erred in finding that the materials produced do not show prima facie truthfulness of the allegations. According to him, the learned Judge ought to have ordered an enquiry into the allegations levelled against the second respondent by the Vigilance Department. He further contended that there are sufficient materials on record to make out a prima facie case against the second respondent. On the other hand, the learned counsel for the second respondent supported the order and urged that there is no ground for interference.