IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 15564 of 2011(U) --------------------------------------- PETITIONER: ------------------- V.N. SAJI, AGED 35 YEARS, S/O. NARAYANAN, RESIDING AT VELIYAMKUNNATH HOUSE, KULAMAVU.P.O., IDUKKI. BY ADVS. SRI.C.T.JESTIN, SRI.TOMY THOMAS KUZHUPPILLIL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. CHIEF ENGINEER (ADMINISTRATION), PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM – 695 001. 3. K.S. ASOK, ASSISTANT EXECUTIVE ENGINEER, P.W.D. ROADS SUB DIVISION, THODUPUZHA – 685 564. 4. P.H. MUNEER, ASSISTANT EXECUTIVE ENGINEER, PWD NH SUB DIVISION, DEVIKULAM – 685 613. 5. SMT. SHIJI KARUNAKARAN, ASSISTANT ENGINEER, ROAD SECTION, THODUPUZHA – 685 564. 6. SMT. TESSYMOL SEBASTIAN, ASSISTANT ENGINEER, PWD ROAD SECTION, MARIMANNOOR – 685 585. 7. ISSAC VARGHESE, ASSISTANT ENGINEER, PWD BUILDING SECTION, ERATTUPETTA – 685 121. W.P.(C). NO.15564/2011-U: 8. THE DIRECTOR OF VIGILANCE AND ANTI-CORRUPTION BUREAU, THIRUVANANTHAPURAM – 695 001. R1, R2 & R8 BY GOVT. PLEADER SMT. M.J. RAJASHREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15564/2011-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 06/09/2010 ADDRESSED TO THE R.1. AND ISSUED TO THE R.2. EXT.P.2: COPY OF THE JUDGMENT DTD. 09/12/2010 OF THIS HON'BLE COURT IN W.P.(C). NO.33721/2010. EXT.P.3: COPY OF THE MEMO OF CHARGE ISSUED TO RESPONDENT NO.3. EXT.P.3.A: COPY OF THE MEMO OF CHARGE ISSUED TO R.4. EXT.P.4: COPY OF THE STATEMENT OF ALLEGATION GIVEN TO THE DELINQUENT OFFICERS. EXT.P.5: COPY OF THE ORDER PASSED BY THE R.2. IN THE DISCIPLINARY PROCEEDINGS DTD. 23/02/2011 BEARING G.O.(RT).NO.315/11/PWD. EXT.P.6: COPY OF THE ENQUIRY REPORT SUBMITTED BY THE DIVISIONAL ACCOUNTANT, PWD ROAD DIVISION, IDUKKI. EXT.P.7: COPY OF THE ORDER DT.D 10/04/2009 BEARING G.O.(RT).NO.487/2008/PWD. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 15564 OF 2011 ----------------------------------------------------- Dated this the 10th day of August , 2011 J U D G M E N T According to the petitioner, on his complaint disciplinary proceedings were initiated against respondents 3 to 7 and that in spite of having found grave irregularities, minor punishment alone has been imposed by Ext.P7 order. It is with this complaint this writ petition has been filed seeking directions to order a vigilance enquiry through 8th respondent and to initiate action under the provisions of Prevention of Corruption Act. 2. Learned counsel for the petitioner now submits that a complaint has already been filed before the Enquiry Commissioner and Special Judge, Kottayam and that a preliminary enquiry has been ordered. As the petitioner has already initiated proceedings aforesaid, this writ petition is closed leaving it open to the petitioner to prosecute the matter before the Vigilance Court. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge