C.SURENDRANATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, accused Nos.1 and 2, respectively, in C.C No.12/2021 on the file of the Court of the Enquiry Commissioner and Special Judge, Thalassery, seek to quash the FIR, the Final Report and all further proceedings against them in V.C No.1/2015 registered by the Vigilance and Anti-Corruption Bureau, Kasaragod. Facts leading to the registration of the Crime

(2.) Petitioner No.1 was a Port Conservator at Kasaragod. Petitioner No.2 was the Deputy Director of Ports. As per order No.C3-6009-09-DP dtd. 17/8/2013 of the Director of Ports, the Port Officer, Kozhikode, announced the tender of Manual dredging and sale of port sand for the years 2013 and 2014 of various port zones within Kasaragod district fixing the tender date as 3/9/2013. The Director of Ports constituted a tender assessment team headed by the petitioners and other officials. The Government had issued revised guidelines for manual dredging and sale of port sand for 2014 vide GO(MS) No.54/2013/F&PD. The tender process was carried out in an open tender manner in the presence of the representatives of the Co-operative Societies. Various Cooperative Societies submitted the tender.

(3.) The VACB conducted the investigation and submitted the final report against the petitioners and others alleging offences punishable under Sec. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 and Sec. 120-B read with Sec. 34 of IPC.