IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 Crl.MC.No. 124 of 2011() ------------------------------------ (FIR NO.5/2005 OF VIGILANCE AND ANTI CORRUPTION BUREAU,KOLLAM UNIT) ...... PETITIONER(S): ------------------------- RAJAN NAIR, S/O.MADHAVAN NAIR, AGED 36 YEARS, RESIDING AT 'OMKARAM', T.N.R.134/A, THIRUMKULLAVARAM PO, KOLLAM 691 012. BY ADVS. SRI.P.GOPAKUMARAN NAIR, SRI. C.S. DIAS, SRI.N.K.SUBRAMANIAN. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM PO, PIN - 695 001. 3. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU,PO.KOLLAM- 691 013. 4. V.RAJEEV,S/O.RAMAKRISHNA PILLAI, KOTTIYIL VEEDU, PANAYIL KARAYIL, PALAMEL,NOORANAD PO, NOORANAD 690 504, (MOTOR VEHICLE INSPECTOR R.T.OFFICE,THIRUVANANTHAPURAM - 690 504). 5. D.JYOTHI KUMAR, S/O.DIVAKARAN, NILAKKAL VADAKKATHIL, CHENNITHALA PO, MAVELIKKARA 690 105 (ASST MOTOR VEHICLE INSPECTOR, SUB R.T.OFFICE, THIRUVALLA - 690 105). 6. M.G.MANOJ, S/O.GOPINATHAN, MALIYEKKAL VEEDU, BHARNIKKAVU PO, MAVELIKKARA- 690 541, (ASST MOTOR VEHICLE INSPECTOR, SUB R.T.OFFICE, IDUKKI)-690 541. 7. T.KRISHNA KUMAR, S/O.THANKAPPAN PILLAI, THANKAPPA VILASAM, MEKKAD MURI, PANMANA PO, CHAVARA- 691 583. 8. PRADEEP KUMAR, S/O.SURENDRAN NAIR, KANDACHAM VEEDU, AYANIVELIKKULANGARA PO. 691 583. R1 TO R3 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.124 of 2011 --------------------------------------- Dated this 21st day of January, 2011 ORDER This petition is filed by a resident of Kollam who owned a few lorries and allegedly had to sell the same due to harassment of some of the officials of the Motor Vehicle Department. Himself and similarly aggrieved persons preferred complaint to the authorities concerned against such officials. Petitioner states that a team headed by the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau, Kollam conducted a surprise check at the Sub Regional Transport Office. In that surprise check, serious misconduct and corrupt practices followed by three officials of Sub Regional Transport Office (respondent Nos.4 to 6) with the help some unauthorised persons (respondent Nos.7 and 8) were detected. Petitioner states that investigation did not progress and no final report has been filed in the matter. Petitioner sought a direction to respondent Nos.1 to 3 to file final report Annexure-A1, FIR at the earliest. 2. Learned Public Prosecutor after getting instructions from the department concerned has submitted that the matter was inquired into, a factual report was submitted on May 20, Crl.M.C.No.124 of 2011 -: 2 :- 2009 to the Superior authorities in the department through the legal advisor recommending enquiry by the Tribunal against accused Nos.1 to 3 and accordingly the Director, Vigilance and Anti Corruption Bureau vide letter C1 VS-05/05/KLM closed 27687/2005 dated 20.02.2010 has recommended to the Government to conduct a detailed enquiry by the vigilance tribunal against accused Nos.1 to 3. The Government after examining the case in detail and hearing the accused by order G.O(Rt) No.202/2010/Vig dated 06.12.2010 directed to initiate departmental disciplinary action against the accused for the lapses and dereliction of duty proved during the surprise check. It is also submitted by the learned Public Prosecutor that since the Government have finalised action in the case, final report in this regard will be submitted before the Enquiry Commissioner and Special Judge, Thiruvananthapuram forthwith. In the light of the above submission, no further relief is required to be granted in this proceeding. Accordingly this petition is closed without prejudice to other rights if any of petitioner. (THOMAS P JOSEPH, JUDGE) Sbna/-