P. VASANTHAKUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Petition is at the instance of the 4th accused in C.C.No.24/2014 and C.C.No.25/2014 on the files of the Enquiry Commissioner and Special Judge (Vigilance), Kozhikode. The reliefs prayed for herein are as follows:

(2.) Heard the learned counsel for the writ petitioner as well as the learned Special Public Prosecutor representing State of Kerala in detail. Perused Ext.P3 order and the relevant materials, including the final report produced by the writ petitioner.

(3.) The petitioner herein is the 4th accused in C.C.Nos.24 and 25 of 2014, on the files of Special Judge (Vigilance), Kozhikode. Here the prosecution alleges commission of offences punishable under Sec. 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 ('PC Act, 1988' for short) as well as under Ss. 420, 465, 468, 471, 477A and 120B of the Indian Penal Code ('IPC' for short) by the accused. This crime was originally registered in the year 2002 as V.C.No.3 of 2002. The prosecution allegation is that accused Nos.1 to 14, while working as Assistant Teachers of Thodannur U.P School during the academic year 1995-96 and 1996-97, being public servants, abused their official positions and committed criminal misconduct by hatching criminal conspiracy among themselves. In furtherance of the said conspiracy, they forged and falsified school records, made bogus admissions on the basis of forged transfer certificates in respect of 56 students and marked false attendance in the attendance register/registers so as to inflate the roll strength of the students of the above school with fraudulent intention to avoid division fall and to retain the post of teachers causing financial loss to the Government. In continuation of the said acts, the accused teachers had drawn salary, which they were not entitled. According to the prosecution, Rs.3,09,130.00as pay and allowances for 4 teachers, who were artificially retained by reckoning bogus admission and Rs.510.50 by way of maintenance grant allotted to Thodannur U.P.School. Thus a total amount of Rs.3,09,641.00was alleged to be misappropriated by the accused.