IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 14567 of 2010(Q) --------------------------------------------- PETITIONER(S): -------------------------- 1. NARAVAMOODU SERVICE CO-OPERATIVE BANK LTD.NO.T.160,NARUVAMOODU POST, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. K.JOHNSON, AGED 67 YEARS, S/O. KUTTAN NADAR, NELLIVILAYIL HOUSE, NARUVAMOODU POST, VIA-NEMOM, THIRUVANANTHAPURAM. (PRESIDENT,NARUVAMOODU SERVICE CO-OPERATIVE BANK NO.T.160). 3. O.INDIRA, AGED 42 YEARS, D/O. OMANA, RESIDING AT VISWAMITHRA, KURANDIVILA, NARUVAMOODU POST, VIA-NEMOM, THIRUVANANTHAPURAM.(SECRETARY,NARUVAMOODU SERVICE CO-OPERATIVE BANK NO.T.160). BY ADV. SRI.T.M.RAMAN KARTHA SMT.MANJU R.KARTHA RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME & VIGILANCE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, GOVERNMENT OF KERALA, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. W.P.(C)NO.14567/2010 2 3. DIRECTOR, VIGILANCE & ANTI-CORRUPTION BUREAU (VACB), THIRUVANANTHAPURAM. 4. DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE & ANTI CORRUPTION BUREAU, SPECIAL INVESTIGATION UNIT, THIRUVANANTHAPURAM. 5. T.C.BALAKRISHNAN NAIR, MEMBER NO.4, KADAYARA VEEDU, NARUVAMOODU, PALLICHAL, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.B.VINOD KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.14567 of 2010 = = = = = = = = = = = = = = Dated this the 17 th day of May, 2010 JUDGMENT The 2nd and 3rd petitioners are the President and Secretary respectively of Naruvamoodu Service Co-operative Bank Ltd. T- 160, Thiruvananthapuram. The 5th respondent herein who was the previous Secretary of the said Bank filed a private complaint before the Enquiry Commissioner and Special Judge, Thiruvananthapuram alleging that petitioners 2 and 3 herein had committed various acts of criminal misconduct by abusing their positions and forging records and using the same as genuine and they obtained large amounts as pecuniary advantage. 2. As per Ext.P10 order dated 6.10.2007, the Enquiry Commissioner and Special Judge, Thiruvananthapuram forwarded the complaint to the Director, VACB for conducting either an enquiry or investigation into the allegations raised in the said complaint and directed a report to be filed within three months. W.P.(c). No.14567 of 2010 2 3. Petitioners have approached this Court by filing this writ petition, inter alia, for obtaining a report from the 3rd respondent Investigating Officer regarding the progress of the investigation, to direct respondents 3 and 4 to complete the investigation or enquiry within a time limit to be specified by this Court and without causing harassment to petitioners 2 and 3 as also the staff and depositors of the said Society etc. 4. The learned Public Prosecutor in charge of the matter submitted that the delay in completing the preliminary enquiry was mainly due to the non-cooperation of petitioners 2 and 3 and that a new Dy.S.P is now in charge of the investigation and he will complete the enquiry and file the report before the Director, VACB, after completing the enquiry within two months from today. The said submission is recorded. Petitioners 2 and 3 shall fully co-operate with the enquiry conducted by the new Dy.S.P in charge of the enquiry. The Director, VACB shall without any further delay submit the report before the Enquiry Commissioner and Special Judge, Thiruvananthapuram This writ petition is disposed of accordingly. Dated this the 17 th day of May, 2010. V. RAMKUMAR, JUDGE sj