BABU JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the accused in Crl.M.P.214/2009 pending before the Court of Enquiry Commissioner and Special Judge, Kottayam for a speedy disposal under article 227 of the Constitution of India.

(2.) THE case of the petitioner was that he is presently working as Agricultural Officer at Veliyanad Krishibhavan in Alappuzha District. The 4th respondent filed a complaint before the Court of Enquiry Commissioner and Special Judge, Kottayam arraying the petitioner and some other officers of the Agricultural Department as accused alleging corrupted illegal activities, in connection with payment of compensation payable for destroyed plantains of the 4th accused and several other persons. By Exhibit P1 direction, the Enquiry Commissioner and Special Judge had ordered preliminary enquiry and it was further directed that if any materials are collected in such an enquiry register the case and conduct investigation. A preliminary enquiry was conducted and report was submitted before the court below exonerating the accused persons. The 4th respondent filed an objection to the preliminary report and by order dated 23/01/2010, further enquiry was ordered and even after further enquiry, Ext.P2 report was submitted by the 3rd respondent stating that departmental action may be taken against the petitioner and two other officers and further action in the complaint may be dropped. Even thereafter on the basis of objection raised by the 4th respondent, the learned Special Judge had directed to register the First Information Report and conduct the investigation. Evenafter conducting investigation, 3rd respondent filed Ext.P4 final report stating that no successful prosecution is possible as the amount alleged to have been misappropriated is too meager, and further action be dropped. Notice was ordered to the 4th respondent to file objection and the case is being adjourned without passing any orders on that report. So the petitioner has no other remedy except to approach this Court seeking the following relief:

(3.) ACCORDINGLY , a report has been called from the concerned court and the learned Special Judge sent a report which reads as follows: