P S V MENON Vs. MALABAR CEMENTS LTD

JUDGEMENT

(1.) The question that has come up for consideration in these cases is as to whether Government have got power to direct Managing Director of a Government Company to place some of their officers under suspension for the purpose of investigation of criminal cases registered under the Prevention of Corruption Act.

(2.) Petitioners were holding the post of Manager (Personnel & Administration) and Welfare Officer respectively in Malabar Cements Ltd. a Company wholly owned by State Government. Various complaints were received by the Government against the petitioners with regard to appointments of Mazdoors in the Malabar Cements Ltd. A preliminary enquiry was conducted by Deputy Superintendent of Police, Vigilance Department, Palghat. After considering evidence, both oral and documentary he came to the conclusion, petitioners had committed various malpractices in the matter of appointment of 28 Mazdoors in Malabar Cements Ltd. Report was submitted to the Superintendent of Police, Vigilance Department, Northern Range, Kozhikode with recommendation. He concurred with the report and opined that there is prima facie evidence of involvement of petitioners in the matter of irregular appointments and that they have abused their official position and committed criminal misconduct in effecting appointments. Eventhough petitioner in O.P. 9109/97 was the head of Personnel and Administration Department and also the custodian of the entire records relating to the selection of Mazdoors, he failed to produce the used and unused question/answer papers before the Enquiry Officer.

(3.) Under the above mentioned circumstances the Superintendent of Police, Vigilance also endorsed the views of the Enquiry Officer and recommended to register case under S.13(l) read with 13(2) of Prevention of Corruption Act 1988 and S.204 read with 34 IPC against accused persons.