M G SASIBHOOSHAN Vs. KERALA LOKH AYUKTA

JUDGEMENT

(1.) Petitioner was the Director of Kerala State Literacy Mission Authority. Ext.Pl complaint dated 20-6-2000 was filed by the 2nd respondent against the Chief Secretary, petitioner and Vice Chairman of the Kerala State Literacy Authority before the Lok Ayukta for the alleged irregularity committed by the petitioner and others starting from the meeting of the authorities from 4-10-1997 onwards. This was objected to by the petitioner contending that the complaint is not maintainable as the State Literacy Mission Authority will not come within the purview of Kerala Lok Ayukta Act, 1991 (in short hereinafter referred to as 'the Act') . The Kerala State Literacy Mission Authority is a Society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Act 1955 (in short T.C. Societies Act). Originally it was registered as Kerala Saksharatha Samithi. It was re-named Kerala State Literacy Mission Authority. The above Society was functioning with the grant given by the State as well as the National Literacy Mission. Ext.P5 shows that National Literacy Mission Authority is funding for the project with full grant for three years and 50% grant for the succeeding two years.

(2.) Section 166 of the Kerala Panchayat Raj Act defines the duties and powers of the Grama Panchayats and provided that it shall be the duty of the Grama Panchayat to make provision for carrying out the requirements of the Panchayat area in respect of matters covered by Schedule 3. Item l(f) in Schedule 3 reads thus:

(3.) The word "Public Servant" is defined under Section 2(o) which reads as follows: