IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 1376 of 2009(L) ------------------------- CMP.19&20/2009 of ENQUIRY COMMR.& SPL.JUDGE,THRISSUR .................... PETITIONER(S): --------------- P.CHANDRAN, S/O.PONNUKUTTY, SECRETARY, ANTI CORRUPTION & HUMAN RIGHTS PROTECTION COUNCIL, REG.NO.CA-597/6, KANJIKODE WEST, NEAR ITI, PALAKKAD DISTRICT. BY ADV. SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME AND VIGILANCE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.1376 of 2009 ------------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT Petitioner who claims to be a political worker and a public spirited citizen had come to this Court with W.P(C) No.2074 of 2007. That petition was disposed of by order dated 04.06.07 accepting the submission on behalf of the respondents that a vigilance enquiry has already been ordered. 2. Accordingly enquiry is being conducted by the Vigilance and Anti Corruption Bureau. The petitioner has now come again with the grievance that the Investigating Officer has been transferred and the transfer is adversely affecting the interest of a fair and proper investigation. The learned Government Pleader after taking instructions submits that the apprehension of the petitioner is totally unjustified. The Government have decided that the present Investigating Officer Sri.Saifulla Said, the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau must continue with the investigation in cases in question and a letter dated 16.01.09 has been issued specifically authorising the said Investigating Officer to continue W.P(C). No.1376 of 2009 2 with the investigation even after his transfer to the Vigilance and Anti Corruption Bureau, Trichur unit. A copy of the communication to the said Investigating Officer dated 16.01.09 No.A1-23/2009 issued by the Director, Vigilance and Anti Corruption Bureau is placed before the Court for perusal. 3. In the light of the stand taken by the State, the apprehension and grievance of the petitioner do not exist. I accept the submission of the learned Government Pleader that the present Investigating Officer will continue to investigate the offence until final report is filed. In the light of that submission, which is accepted by me, I am satisfied that no further directions are necessary in this Writ Petition. I do however observe that if the Government may at any time later choose to entrust the investigation to anyone else, prior permission of the Court shall be taken. 4. This Writ Petition is hence dismissed with the above observations. (R.BASANT, JUDGE) rtr/-