LAWS(KER)-2015-3-26

SIBY MATHEWS Vs. S. NAMBI NARAYANAN AND ORS.

Decided On March 04, 2015
Siby Mathews Appellant
V/S
S. Nambi Narayanan And Ors. Respondents

JUDGEMENT

(1.) These appeals have been filed by respondents 4 and 5 respectively in W.P (C) No. 30918 of 2012. The writ petition was filed by the 1st respondent in these appeals challenging Ext. P2 order dated 29.6.2011 by which the Government decided not to take any disciplinary action against respondents 4 to 6 in the writ petition, who were members of Special Investigation Team (for short SIT), in the matter relating to the lapses pointed out by the Central Bureau of Investigation (CBI) in Ext. P1 report.

(2.) The short facts as narrated in the pleadings disclose as follows. Parties are referred as shown in the writ petition:

(3.) In the writ petition, the petitioner contended that the reasons stated for not initiating any action against respondents 4 to 6 are untenable. The delay of 15 years was attributable only to the Government. There was no reason for the Government to have waited till a decision was taken by the Supreme Court in the matter relating to re-investigation of the case. The Supreme Curt had quashed the notification issued by the Government for re-investigation of the crime and therefore the reasons stated in Ext. P2 was absolutely baseless. It is further contended that serious lapses had been pointed out by the CBI in their report which ought to have been considered by the Government and appropriate action should have been taken in accordance with the procedure prescribed. Allegations had been made that Ext. P2 Government Order is the product of mala fides and nepotism as the Government has unduly favoured the 4th respondent, who is adorning office of Chief Information Commission. It is further contended that the Government ought to have conducted a proper investigation, regarding the circumstances under which such a false case had been cooked up and for whose benefit and whether there was a conspiracy involved in it.