IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 OP.No. 38947 of 2001(J) ---------------------------------- PETITIONERS: -------------------- 1. JANARDANA PANICKER, SREEVILASOM, PURAMATTOM.P.O., PATHANAMTHITTA DISTRICT. 2. MINI KUMARI, PULIYURUMBIL VEEDU, CHALAPPALLY, EZHUMATTOOR, PATHANAMTHITA DISTRICT. BY ADV. SRI.D.SOMASUNDARAM. RESPONDENTS: ------------------------ 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PATHANAMTHITTA DISTRICT. 2. TIRUVALLA TALUK CO-OPERATIVE RUBBER MARKETING SOCIETY LTD. NO.A 253,CHUNKAPPARA, REPRESENTED BY ITS MANAGING DIRECTOR. 3. AGRICULTURAL OFFICER, KRISHI BHAVAN, MALLAPPALLY, PATHANAMTHITTA DISTRICT. 4. AGRICULTURAL OFFICER, KRISHI BHAVAN, VALAKKUZHY, PATHANAMTHITTA DISTRICT. O.P. NO. 38947/2001: 5. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. **ADDL.R6. NATIONAL AGRICULTURAL CO-OP. MARKETING FEDERATION, SIDHARTHA ENCLAVE ASRAM CHOUK, RING ROAD, NEW DELHI - 110012. *IS IMPLEADED AS PER ORDER DATED 10/04/02 IN CMP.15009/2002. **ADDL.R7. DIRECTOR GENERAL OF INCOME TAX, MADATHIL PARAMBIL BUILDINGS, SOUTH RAILWAY STATION, ERNAKULAM. **ADDL.R8. DEPUTY SUPERINTENDENT OF POLICE (VIGILANCE), PATHANAMTHITTA. **ADDL.R7 AND R8 IMPLEADED AS PER ORDER DATED 23/01/2003 IN C.M.P. NO. 2180/2003. R1, 3,4, & 5 BY GOVT.PLEADER SMT. M.K. PUSHPALATHA, R2 BY ADV. SRI.V.G. ARUN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 63710/2001 IN O.P. NO. 38947/2001 DISMISSED 01/01/2008. SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE PETITION SUBMITTED BY P.2. TO THE ENQUIRY COMMISSIONER DTD. 16/06/2001. EXT.P.2: COPY OF THE REPRESENTATION SUBMITTED BY P.2. TO THE R.1. DTD. 08/10/2001. EXT.P.3. SERIES: COPY OF THE PAPER REPORTS PUBLISHED BY MATHRUBHOOMI AND MALAYALA MANORAMA DAILY DATED 27/11/2001 AND 16/11/2001. EXT.P.4: COPY OF THE PETITION SUBMITTED BY P.G. GOPALAKRISHNAN NAIR BEFORE THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MALLAPPALLY DT. 11/07/2001. EXT.P.4.A: COPY OF THE PETITION SUBMITTED BY P.G. GOPALAKRISHNAN NAIR BEFORE THE GOVERNMENT OF KERALA, DTD. 10/04/2001. EXT.P.5: COPY OF THE RELEVANT STATEMENT OF KOPRA PROCUREMENT MAINTAINED BY THE SOCIETY. EXT.P.6: COPY OF THE PETITION FILED BY THE P.2. BEFORE INCOME TAX DEPARTMENT DTD. 27/11/2001. RESPONDENT'S EXHIBITS: EXT.R2.A: COPY OF THE PROCEEDINGS DTD. 30/10/2001 OF THE JOINT REGISTRAR OF CO-OP-SOCIETIES. EXT.P.2.B: COPY OF THE MEMO DTD. 21/11/2001 TERMINATING THE SERVICE OF P.G. GOPALAKRISHNAN NAIR FROM THE SERVICE OF THE SOCIETY. O.P. NO. 38947/2001-J: EXT.R2.C: COPY OF THE RESOLUTION DTD. 06/05/2000 OF THE SOCIETY REGARDING PROCUREMENT OF COPRA. EXT.R2.D: COPY OF THE RELEVANT PAGES OF THE DAILY STOCK REGISTER OF COPRA. EXT.R2.E: COPY OF THE RESOLUTION DTD. 09/10/2000 OF THE SOCIETY. EXT.R2.F: COPY OF THE RELEVANT PAGES OF STOCK REGISTER SHOWING QUANTITY OF COPRA. EXT.R2.G: COPY OF THE UNDERTAKING GIVEN BY THE HUSBAND OF THE P.2. TO THE SOCIETY ON 12/12/2000. EXT.R2.H: COPY OF THE BOND EXECUTED ON 06/12/2000 BY THE EMPLOYEE K.K. MONEY IN FAVOUR OF THE SOCIETY. EXT.R2.I: COPY OF THE REQUEST MADE BY THE HUSBAND OF THE P.2. ON 28/11/2000 TO TAKE INTO ACCOUNT 104 KGS. COPRA, BY THE SOCIETY. //TRUE COPY// prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = O.P.No.38947 of 2001-J = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of January, 2008. JUDGMENT 1.Following the interim order on C.M.P.63710/2001, a statement has been filed on behalf of the fifth respondent stating that the Director of Vigilance and Anti-Corruption Bureau has registered a case on 21-8-2001 as VC 3/2001/PTA against 17 officials of the society and two private persons in connection with the allegations of malpractices in the 'Kopra' purchase by the society. On further investigation, it was found that five more persons including the petitioner in Ext.P4(a) are also involved in the case and they were added in the array of accused persons on the allegation of having issued false certificates causing huge loss to Government and OP38947/01 -: 2 :- undue pecuniary advantage to the collecting agents. It is also stated that four Agricultural Officers who are accused in the said case were placed under suspension as per order dated 5-2- 2002 and the Secretary in the Co-operative Department was requested to arrange the suspension of two accused salesmen from service including the petitioner in Ext.P4(a) for the smooth conduct of the investigation. 2.The aforesaid statement is dated 12th April 2002. With the passage of time, the proceedings should have culminated in appropriate proceedings, by now. 3.Under such circumstances, this writ petition is disposed of recording the aforesaid statement and directing that all necessary steps and actions in terms of law on the basis of the aforesaid statement as recorded, shall be finalised, without delay. The Directorate of Vigilance and Anti-Corruption Bureau, which has registered the OP38947/01 -: 3 :- aforesaid vigilance case, shall do the needful for expediting appropriate action in accordance with law. The petitioners are directed to place a copy of this judgment before the said office. It is clarified that any action shall be untrammelled by anything contained in this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/ OP38947/01 -: 4 :- THOTTATHIL B. RADHAKRISHNAN,J. = = = = = = = = = = = = = = = = = O.P.No.38947 of 2001-J = = = = = = = = = = = = = = = = = JUDGMENT Dated: 1st January, 2008.