SASIDHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the petitioner for issuing direction to the 2nd respondent to complete the investigation and 4th respondent to give the report sought for within a time frame under Article 227 of the Constitution of India.

(2.) IT is alleged in the petition that the petitioner has retired as Secretary, Karinkunnam Grama Panchayath. While he was holding office at Karinkunnam, some allegations regarding forged ownership certificates issued for securing electricity connection were raised amongst the residents of the Mankulam Grama Panchayat.

(3.) ON the basis of the statement given by the Secretary in charge of Mankulam Grama Panchayat, Ext.P1 crime was registered as Crime No. 251 of 2011 of Munnar Police Station against four named persons alleging offences including forgery. The petitioner has not been arrayed as an accused so far. The allegation was that his signature was forged for issuing ownership certificates. He has retired from service. During the investigation on the basis of the allegation made, as the part of the enquiry, he was put under suspension and thereafter he was reinstated, but because of the pendency of the case, he was only given nominal pension. The investigation officers are not properly conducting investigation and they are not filing the final report also in the case. They are awaiting report from the Forensic Science Laboratory, Thiruvananthapuram for finalising the final report. The delay will cause unnecessary hardships to the petitioner as he is not in a position to get the entire pensionary benefits and he is not also in a position to understand his position in the case whether he is a witness or an accused as well. So the petitioner has no other remedy except to approach this court seeking the following relief: - "i. Issue a writ of mandamus or any other writ or direction the 4th respondent to file the FSL report in Crime No.251 of 2011 of Munnar Police Station within a specified time, at any rate within one month. ii) Issue a writ of mandamus or any other writ or direction the 2nd respondent to complete the investigation in Crime No.251 of 2011 of Munnar Police Station within a specified time."