IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 1759 of 2011(T) -------------------------------- PETITIONER(S): ------------------- 1. NARUVAMOODU SERVICE CO-OPERATIVE BANK LTD., NO.T-160, NARUVAMOODU POST,THIRUVANANTHAPURAM. REP.BY ITS SECRETARY. 2. K.JOHNSON, AGED 67 YEARS, S/O.KUTTAN NADAR, NELLIVILAYIL HOUSE, NARUVAMOODU POST,THIRUVANANTHAPURAM. (PRESIDENT, NARUVAMOODU SERVICE CO-OPERATIVE BANK LTD.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 LTD.NO.T-160) BY ADV. SRI.T.M.RAMAN KARTHA RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, DEPARTMENT OF HOME AND VIGILANCE, GOVT.OF KERALA, THIRUVANANTHAPURAM - 696 001. 2. DIRECTOR,VIGILANCE &ANTI-CORRUPTION BUREAU (VACB), THIRUVANANTHAPURAM - 696 001. 3. DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE & ANTI-CORRUPTION BUREAU, SPECIAL INVESTIGATION UNIT,THIRUVANANTHAPURAM-696 001. 4. SRI.PRAKASH, CIRCLE INSPECTOR,OFFICE OF THE SUPDT.OF VIGILANCE,THEKKUMOODU, THIRUVANANTHAPURAM- 696 001. 5. T.C.BALAKRISHNAN NAIR, MEMBER NO.4, KADAYARA VEEDU, NARUVAMOODU POST, PALLICHAL, THIRUVANANTHAPURAM- 695 202. R1 TO R3 BY GOVT.PLEADER SMT.KARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 1759/2011(T) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT DATED 26/09/2007 FILED BY THE 5TH RESPONDENT. P1(a):COPY OF THE ORDER OF THE SPECIAL JUDGE DATED 06/10/2007 FORWARDING EXT.P1 FOR INVESTIGATION. P2: COPY OF THE REPORT MADE BY SRI.V.RADHAKRISHNAN, DIRECTOR ON 30/07/2008. P3: COPY OF THE COMPLAINT 01/09/2008 GIVEN TO THE CHIEF MINISTER ON THE BASIS OF EXT.P2. P3(a):COPY OF THE COMPLAINT 01/09/2008 GIVEN TO THE HOME MINISTER ON THE BASIS OF EXT.P2. P3(b):COPY OF THE COMPLAINT 01/09/2008 GIVEN TO THE DGP, KERALA ON THE BASIS OF EXT.P2. P4: COPY OF THE PUBLIC NOTICE ISSUED BY THE BOARD OF DIRECTORS OF THE 1ST PETITIONER ON 27/03/2010. P5: COPY OF THE JUDGMENT DATED 17/05/2010 IN WPC.NO.14567/2010 P6: COPY OF THE JUDGMENT IN CONTEMPT CASE (CIVIL)NO.1249/2010 P7: COPY OF THE REPORT PUBLISHED IN THE MATHRUBHUMI DAILY DATED 14/03/2010 P7(a):COPY OF THE REPORT PUBLISHED IN THE MATHRUBHUMI DAILY DATED 15/03/2010 RESPONDENTS EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:1759 OF 2011 T ----------------------------------------------------------- Dated this the 27th January, 2011. JUDGMENT Basant, J. Petitioner, a co-operative society and its President and Secretary, have come before this Court with this petition under Art.226 of the Constitution complaining about vexatious conduct on the part of respondents 2 to 4 police officials. Such conduct is resorted to at the instance of the fifth respondent, it is submitted. They pray that appropriate directions may be issued to save the bank and its office bearers from such unfortunate predicament. The contention of the petitioners is that police officials from the Vigilance and Anti Corruption Bureau are unnecessarily visiting the petitioner's co-operative bank and are indulging in conduct which affects the good name and reputation of the petitioner, Co-operative bank. Necessary directions may be issued, it is submitted. 2. Notice was ordered to the learned Govt. Pleader. The learned Govt. Pleader on behalf of respondents 1 to 3 submits that the allegations of harassment and vexation are totally WPC 1759/2011 2 unjustified. Vigilance case 7/2010 has been registered and a special investigation unit is looking into that complaint. They are called upon to enquire/investigate into the allegation that 54 cents of property situated outside the jurisdiction of the bank is accepted as security with oblique motives. The third respondent is put in charge of that investigation and he heads the investigation team. In connection with the said investigation the third respondent was obliged to go to the establishment and take necessary action in accordance with law. This can by no stretch of imagination be described as vexation or harassment and no directions are liable to be issued under Art.226 submits the learned Govt. Pleader on behalf of the officials. 3. The learned Govt. Pleader further submits that a complaint has been received from one Jiju. R that gold ornaments pledged by the customers with the Co-operative Bank are siphoned out of the coffers of the Co-operative bank and are pledged before some private financiers to raise amounts. There are certain further allegations raised by the said Jiju.R in his complaint. On receipt of the complaint the fourth respondent, Circle Inspector had proceeded to the premises of the petitioner on 13-1-2011. An Assistant Registrar of Co-operative Societies WPC 1759/2011 3 was also deputed by the officials and he was also present along with the fourth respondent. A surprise check was conducted to verify whether the gold ornaments pledged by the customers are all available in the bank or whether they or any part of such ornaments were taken out of the Co-operative bank. Certain irregularities have been detected and further action is contemplated on the basis of the irregularities detected. According to the learned Govt. Pleader the respondents apprehend that the petitioners are trying to perempt such enquiry/investigation. The learned Govt. Pleader submits that no directions are liable to be issued and the freedom of the police to look into the allegations of culpable conduct may not be fettered by issue of any directions at this juncture. 4. The learned counsel for the petitioner disputes the assertions made by the learned Govt. Pleader. We have considered all the relevant inputs. At the moment and with the available inputs we find no reason to assume that action taken by respondents 3 and 4 is not in accordance with law. The duty/responsibility of the police officials to conduct enquiry in VC 7/2010 and enquire/investigation into the complaint received from Jiju.R cannot be disputed. Actions taken in accordance with WPC 1759/2011 4 law to investigate/enquire into such allegations cannot be described as vexation and harassment and no direction under Art.226 are liable to be issued to deter the police officials from resorting to action. 5. The learned Govt. Pleader however undertakes on behalf of respondents 1 to 4 that action shall be taken only in accordance with law. Necessary notices shall be issued to the Co-operative Bank and its officials if any further documents are necessary. If search were to be conducted the same shall be conducted only in accordance with law, undertakes the learned Govt. Pleader on behalf of the police officials. We are not in these circumstances satisfied that any further directions deserved to be issued. This writ petition in theses circumstances is dismissed. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 1759/2011 5 WPC 1759/2011 6