PAULOSE P.C. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to the 2nd respondent, i.e., the Director of Vigilance and Anti-corruption Bureau, to conduct a vigilance investigation as to why the bill amounts due to the petitioner are not paid even though the petitioner satisfactorily completed the contract works entrusted to him before 04.03.2016, and seeking a direction to respondents 1 to 5 to make payment in respect of the work carried out by the petitioner in the renovation and modernization of Malampuzha Garden Phase-2 within a time limit to be fixed by this Court, and for other consequential reliefs. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is a P.W.D 'A' class contractor, who has undertaken the work of renovation and modernization of Malampuzha Garden Phase-2. According to the petitioner, the work was completed within the time specified by the Department and check measurements were made and necessary entries in the M-book were made. It is also stated that, they are verified and corrected by the 5th respondent. Similarly, a part bill was raised by the petitioner in respect of the work done up to 31.12.2015, and letter of credit is already released to the petitioner. The said payment is also not made. Under the said circumstances, petitioner submitted a representation to the 2nd respondent requesting to conduct a vigilance enquiry as to why the amounts are not paid to the petitioner in spite of completing the works in all respects. In spite of repeated requests, no action was taken. It is under the said circumstances, seeking the above specified reliefs, this writ petition is filed.

(3.) The 2nd respondent has filed a detailed statement. Among other contentions, it is stated that, the Vigilance has registered a case under Section 13(1)(d) r/w section 13(2) of Prevention of Corruption Act, 1988 and Section 120B of IPC, on 22.02.2017 by the Deputy Superintendent of Police, Vigilance and Anti-corruption Bureau, Palakkad, consequent to a Quick Verification conducted, as ordered by the Enquiry Commissioner and Special Judge, Thrissur in Crl. MP No.17/2017. Altogether, 24 persons were listed as accused in the petition, in which the petitioner is arrayed as the 4th accused.