Jaison vs State Of Kerala And Ors

The petitioner had made Ext.P6 complaint to the District Collector, Thiruvananthapuram regarding the malpractices committed in relation to some

construction works done by Chenkal Grama Panchayat. He had sent a copy of the same to the Director, Vigilance and Anti-Corruption Bureau

(VACB), Thiruvananthapuram.

The petitioner laments that the Director, VACB has not taken any action on Ext.P6 complaint. He has filed this writ petition to issue necessary

directions to the Director, VACB to conduct investigation into the allegations raised in Ext.P6 complaint.

Heard learned counsel for the petitioner and the learned Public Prosecutor.

When the writ petition came up for hearing on 04.03.2021, the learned Public Prosecutor produced before this Court a status report prepared by the

Dy.S.P, VACB, Special Investigation Unit-II, Thiruvananthapuram in the matter. It is stated in his report that the Director, VACB had addressed the

Additional Chief Secretary, Vigilance Department, Government of Kerala to obtain approval to conduct preliminary enquiry under Section 17A of the

Prevention of Corruption Act, 1988.

Learned Public Prosecutor submitted that a direction can be given to the Additional Chief Secretary, Vigilance Department, Government of Kerala

to take a decision on the request made by the Director, VACB to grant approval for conducting preliminary enquiry.

In the aforesaid circumstances, I am of the view that this writ petition can be disposed of by giving appropriate direction to the Additional Chief

Secretary, Vigilance Department, Government of Kerala.

Consequently, the writ petition is disposed of as follows: The Additional Chief Secretary, Vigilance Department, Government of Kerala is directed

to take a decision, within a period of three months from today, on the request made by the Director, VACB seeking approval for conducting

preliminary enquiry with regard to the allegations contained in Ext.P6 complaint. He shall communicate the decision taken to the Director, VACB and

the petitioner, within a period of seven days from the date of the decision. Since the Additional Chief Secretary, Vigilance Department, Government of

Kerala is not a party to this writ petition, the Director, VACB shall immediately bring this judgment to the notice of the Additional Chief Secretary,

Vigilance Department for necessary action.