Babu John vs The State of Kerala

K. Ramakrishnan, J.—This is an application filed by the petitioner who is the accused in Crl.M.P.214/2009 pending before the Court of Enquiry Commissioner and Special Judge, Kottayam for a speedy disposal under article 227 of the Constitution of India.

The case of the petitioner was that he is presently working as Agricultural Officer at Veliyanad Krishibhavan in Alappuzha District. The 4th respondent filed a complaint before the Court of Enquiry Commissioner and Special Judge, Kottayam arraying the petitioner and some other officers of the Agricultural Department as accused alleging corrupted illegal activities, in connection with payment of compensation payable for destroyed plantains of the 4th accused and several other persons. By Exhibit P1 direction, the Enquiry Commissioner and Special Judge had ordered preliminary enquiry and it was further directed that if any materials are collected in such an enquiry register the case and conduct investigation. A preliminary enquiry was conducted and report was submitted before the court below exonerating the accused persons. The 4th respondent filed an objection to the preliminary report and by order dated 23/01/2010, further enquiry was ordered and even after further enquiry, Ext.P2 report was submitted by the 3rd respondent stating that departmental action may be taken against the petitioner and two other officers and further action in the complaint may be dropped. Even thereafter on the basis of objection raised by the 4th respondent, the learned Special Judge had directed to register the First Information Report and conduct the investigation. Evenafter conducting investigation, 3rd respondent filed Ext.P4 final report stating that no successful prosecution is possible as the amount alleged to have been misappropriated is too meager, and further action be dropped. Notice was ordered to the 4th respondent to file objection and the case is being adjourned without passing any orders on that report. So the petitioner has no other remedy except to approach this Court seeking the following relief:

to direct the Court of the Enquiry Commissioner and Special Judge, Kottayam to take a final decision as to the acceptability of Exhibit P4 final report, at the earliest and within a reasonable time to be fixed by this Hon''ble Court.

On the basis of the allegations made in the petition, this Court felt that the petition can be disposed of at the admission stage itself after hearing the counsel for the petitioner, the learned Public Prosecutor and after getting a report from the concerned court regarding the present stage, the time required for the disposal of the same and dispensing with notice to the 4th respondent.

Accordingly, a report has been called from the concerned court and the learned Special Judge sent a report which reads as follows:

In response to the letter under reference No. 2, I my state that the next posting date of the petition is 30-06-2014. The investigating officer has filed a final report concluding that no successful prosecution against the accused seems to be possible as there is little chance to collect more evidence and hence, the permission of the court has been sought for to drop the further proceedings.

On perusing the final report it is found that the investigating officer has reached the conclusion on the basis of the evidence collected that a sum of Rs. 4,902/- has been found to be misappropriated by the accused in the names of 12 persons, who have filed statement to the investigating officer to the effect that they have not received compensation from the Ramapuram Krishi Bhavan in connection with the natural calamity. Out of the 12 persons, two persons have been denied the filing of application in the office of the Krishi Bhavan seeking compensation. The said findings of the investigating officer revealed that in the names of those 12 persons public money has been dwindled by the accused by making false entries. Hence, this court has posted the petition to 30-06-2004 for hearing the Additional Legal Adviser about the reason behind filing such a final report concluding that further action is to be dropped.

I may state that a final decision will be taken in this matter within a month.

When this was pointed out to the counsel for the petitioner, the counsel for the petitioner submitted that the report received from the court below may be recorded and the petition may be disposed of with a direction to the concerned Presiding Officer to dispose of the matter within the time specified in the order.

Accordingly, the report submitted by the Enquiry Commissioner and Special Judge, Kottayam that final decision in the Crl.M.P. No. 214/2009 pending before that court will be taken within one month is recorded and the petition is disposed of.

Office is directed to communicate this order to the concerned court immediately.