IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 OP(Crl.).No. 852 of 2010(Q) -------------------------------------- AGAINST THE ORDER IN VIGILANCE CASE IN VC.2/2009 & 10/09 OF of PRL.SUB COURT,TRIVANDRUM .................... PETITIONER ------------------- KADAKKAVUR VIKRAMAN, S/O.KUNJUKRISHNAN, SECRETARY GENERAL, HUMAN RIGHTS PROTECTION & WELFARE COUNCIL OF KERALA,KADAKKAVUR-695306 THIRUVANANTHAPURAM DIST BY ADV. SRI.M.PREMKUMAR RESPONDENT(S): ------------------------- 1. MOHAN ABRAHAM,DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM(NOW ON LEAVE) 695 001. 2. THE DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM – 695 001 3. THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM- 695 001 4. STATE OF KERALA, REP.BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM- 695 001 R1 BY ADV. SRI.ELVIN PETER P.J. R2 TO R4 BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOMAS P JOSEPH, J. ---------------------------------------- O.P(Crl).No.852 of 2010 --------------------------------------- Dated this 19th day of January, 2011 JUDGMENT Petitioner seeks a direction to respondent Nos.2 and 3 to file charge sheet in vigilance case Nos.2 and 10 of 2009 before the learned Enquiry Commissioner and Special Judge, Thiruvananthapuram, a direction to respondent Nos.2 and 3 to implement the decision of the Chief Minister dated 20.08.2010 ordering suspension of respondent No.1 and to issue a writ of mandamus or any other appropriate writ, order or direction directing respondent Nos.2 to 4 to frame charges for the allegations leveled against respondent No.1 on the basis of the Audit Report and to grant such other reliefs. According to the petitioner the above said cases are pending against respondent No.1 and Chief Minister has directed his suspension but that is not being complied by the Minister concerned. It is also alleged that respondent Nos.2 and 3 have not so far submitted final report in the case. Respondent No.2 has filed a statement stating the steps taken so far in the matter of investigation. It is stated that completion of investigation appears to be time consuming and that investigation is in progress. Investigating agency needs O.P(Crl).No.852 of 2010 -: 2 :- three months further time to complete investigation of V.C.10/09/SIU and that final report will be submitted as soon as investigation is completed. 2. This court cannot direct the investigating officer to submit charge sheet. It is within the realm of investigation whether the person concerned must be chargesheeted. Respondent No.1 has filed statement stating that investigation requires further time. In the light of that, no further direction in that regard is required. 3. So far as other relief prayed for, namely, placing respondent No.1 under suspension as ordered by the Chief Minister I am not inclined to think that it is a matter which come under Article 227 of the Constitution. In the light of the above, no relief as prayed for is required to be granted in this proceeding. This original petition is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-