K.S.ASOK Vs. STATE OF KERALA

JUDGEMENT

(1.) Alleging offences under Sections 7, 13(a) and 13 (d) read with Section 13(2) of the Prevention of Corruption Act and Sections 167 and 409 IPC against the officials of the Public Works Department Division in Idukki district, the

(2.) nd respondent preferred Annexure -I complaint before the Court of the Enquiry Commissioner and Special Judge (Vigilance), Kottayam. On getting Annexure -I, the court below passed Annexure -II order by referring the complaint to the Vigilance and Anti -Corruption Bureau, Idukki and directing a preliminary inquiry and for filing a report. 2. Consequently, the VACB conducted a detailed verification by way of an enquiry and filed Annexure -III report before the court below. Through Annexure -III, it was reported that registration of an FIR was not required in the matter and at the most, the inaction and omissions on the part of the officials could only invite departmental actions by way of disciplinary proceedings. On the scrutiny of Annexure -III report, the court below rejected the recommendation in the report and directed the VACB to register the FIR against the suspected officials and to proceed with the investigation. On the basis of the direction in Annexure -IV, VC.07/2013 of the VACB, Idukki has been registered against the petitioners for the offence under Section 13(1)(d)(iii) read with Section 13(2) of the Prevention of Corruption Act.

(3.) The crux of the allegation against the petitioners is that while working as Assistant Executive Engineers and Assistant Engineers of the PWD Roads Sub Division, Thodupuzha, they had abused their official position as public servants and committed criminal misconduct by permitting the contractors, who were engaged in works of the roads, to use private road rollers for various works carried out by the PWD, for obtaining pecuniary advantage to them and thereby causing a loss of 2,392/ - per day to the government for the period from 2005 -06 to 2008 -09.