IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R. RAMACHANDRAN NAIR THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 OP.No. 5747 of 2001(H) ------------------ PETITIONER : --------------------- 'GRAMA SAMITHY, THIRUVANKULAM, REPRESENTED BY ITS SECRETARY VIJU ELIAS. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM) SRI.R.JAYAKRISHNAN RESPONDENT(S): ------------------------- 1. G. MOHANDAS, 'SIVAM', 31/19-B3, AMBELIPADAM ROAD, JANATHA, VYTTILLA, COCHIN-19. 2. DIRECTOR, STATE VIGILENCE AND ANTI CURRUPTION BUREAU, THIRUVANANTHAPURAM. 3. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, NEW DELHI. 4. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. *ADDL.R5 IMPLEADED *5. TRACO CABLE EMPLOYEES' UNION THIRUVALLA, (CITU), REPRESENTED BY ITS GENERAL SECRETARY, P.K. ANIL KUMAR, REG. NO. 04/2/91, P.O. CHUMATHRA – 689 103, THIRUVALLA – PATHANAMTHITTA DISTRICT. *IS IMPLEADED AS ADDL. R5 AS PER ORDER DATED 3.10.01 IN CMP NO. 45356/2001. ...2/- OP.No. 5747 of 2001(H) -2- **ADDL.R6 IMPLEADED **6. K. SUGUNANANDAN, AREEPURAM, THIRUVANKULAM, ERNAKULAM (DIST.), PIN – 682 305. **IS IMPLEADED AS ADDL.R6 AS PER ORDER DT. 19.10.2001 IN CMP NO. 42770/2001. R5 BY ADVS. SRI. G. JANARDHANA KURUP, SENIOR ADVOCATE SRI.DENIZEN KOMATH R6 BY ADV. SRI.S.KRISHNAMOORTHY THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- OP.No. 5747 of 2001(H) -3- ORDER ON C.M.P. NO. 9547/2001 & C.M.P. NO. 28756/2001 IN OP. NO. 5747/2001 DISMISSED 23/06/2011 SD/- T.R. RAMACHANDRAN NAIR, JUDGE //TRUE COPY// P.A. TO JUDGE Mn OP.No. 5747 of 2001(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE JUDGMENT DATED 8.12.1999 IN O.P. NO. 13759/97 K. EXT.P2 : COPY OF THE RELEVANT PAGES OF THE REPORT OF THE PUBLIC UNDERTAKING COMMITTEE. RESPONDENT'S EXHIBITS: EXT.R6(a) : COPY OF THE REPRESENTATION DATED 11.9.2001 SUBMITTED BY THE PETITIONER BEFORE THE AUTHORITIES. EXT.R5(a) : PHOTOCOPY OF THE VTH REPORT OF THE PUBLIC UNDERTAKING COMMITTEE (PUC) FORMULATED BY XTH KERALA LEGISLATIVE ASSEMBLY. EXT.R5(b) : PHOTOCOPY OF THE NEWS ITEM PUBLISHED IN THE HINDU DAILY DATED 29-7-1997. EXT.R5(c) : PHOTOCOPY OF THE REPORT OF THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, KOCHI VIDE REFERENCE NUMBER PE.60/96 EKM DT. 27-4-1998. EXT.R5(d) : PHOTOCOPY OF THE REPORT OF THE 3RD RESPONDENT ISSUED TO RELEVANT SECRETARY TO THE CONCERNED VIGILANCE DEPT., DATED 27-7-1998. EXT.R5(e) : COPY OF THE LETTER ISSUED FROM THE OFFICE OF THE STATE INDUSTRIES DEPARTMENT DATED 17-7-1999 VIDE REFERENCE NUMBER 4647/H1/99/ID. EXT.R5(f) : PHOTOCOPY OF THE LETTER ISSUED FROM THE OFFICE OF STATE INDUSTRIES DEPARTMENT DATED 25-9-1999. EXT.R5(g) : PHOTOCOPY OF THE RELEVANT ANNEXURE-G IN THE PROJECT REPORT OF THE TRACO COMPANY. EXT.R5(h) : PHOTOCOPY OF THE NEWS ITEM PUBLISHED IN THE JANMABHOOMI DAILY DATED 22-5-1995. EXT.R5(i) : PHOTOCOPY OF THE LIST OF CANDIDATES APPLIED IN RESPONSE TO THE NEWSPAPER ADVERTISEMENTS AND SPONSORED LIST OF CANDIDATES BY THE OFFICE OF PROFESSIONAL & EXECUTIVE EMPLOYMENT OFFICE AND THE RELEVANT MEMO. (Contd...) OP.No. 5747 of 2001(H) EXT.R5(j): : PHOTOCOPY OF THE RELEVANT CHART SPECIFYING DETAILS OF BENEFICIARIES OF REDUCED TRAINING AND PROBATION PERIODS AND ADDITIONAL INCREMENT SANCTIONED. EXT.R5(k) : PHOTOCOPY OF THE REPORT OF ACCOUNTANT GENERAL. EXT.R5(l) : PHOTOCOPY OF THE LETTER ISSUED FROM THE OFFICE OF ACCOUNTANT GENERAL DATED 29-7-1997. EXT.R5(m) : PHOTOCOPY OF THE RELEVANT 6TH AND 7TH PAGES OF 39TH ANNUAL REPORT (1998-99) OF THE TRACO COMPANY. EXT.R5(n) : PHOTOCOPY OF THE MEMORANDUM OF ASSOCIATION AND ARTICLES OF ASSOCIATION OF UNILEC MACHINES PRIVATE LIMITED, CHENNAI OF THE 2ND RESPONDENT'S PRIVATE COMPANY. EXT.R5(o) : PHOTOCOPY OF THE ORDER OF LOK AYUKTA IN COMPLAINT NO. 706/2000 DATED 18-4-2001. EXT.R5(p) : PHOTOCOPY OF THE NEWS ITEM PUBLISHED IN THE DESHABIMANI DAILY DATED 22-5-01. EXT.R5(q) : PHOTOCOPY OF THE JUDGMENT IN O.P. NO. 13759/1997-K DATED 8-12-1999. EXT.R5(r) : PHOTOCOPY OF THE COMPLAINT FORWARDED BY THE MANAGING DIRECTOR OF TRACO COMPANY, DATED 17-3-1999 TO THE STATE INDUSTRIES DEPARTMENT OFFICE. EXT.R5(s) : PHOTOCOPY OF THE LETTER ISSUED FROM THE OFFICE OF STATE INDUSTRIES DEPARTMENT VIDE REFERENCE NUMBER 22271/H1/99/ID DT. 29-7-1999. EXT.R5(t) : PHOTOCOPY OF THE BIO-DATA, ON WHICH THE HENCH MAN OF 5TH RESPONDENT WAS APPOINTED TO THE TRACO COMPANY. EXT.R5(u) : PHOTOCOPY OF THE MEMO ISSUED FROM THE OFFICE OF TRACO COMPANY VIDE REFERENCE NUMBER 99/P&A/2919, DATED 19-5-1993. EXT.R5(v) : PHOTOCOPY OF THE INTIMATION ISSUED FROM THE OFFICE OF 5TH RESPONDENT VIDE REFERENCE NUBER 45944/SC 1/01/GAD DATED 12-6-2001. EXT.R5(w) : PHOTOCOPY OF THE CONSENT LETTER ISSUED FROM THE OFFICE OF TRACO COMPANY, DATED 13-6-2001. (Contd...) OP.No. 5747 of 2001(H) EXT.R5(x) : PHOTOCOPY OF THE GOVERNMENT ORDER DATED 15-6-2001. EXT.R5(y) : PHOTOCOPY OF THE SUMMARY PORTION OF MANAGEMENT AUDIT REPORT OF KEL COMPANY IN THE MATTER OF VARIOUS APPOINTMENTS NUMBERING 715 IN KEL COMPANY. EXT.R5(z) : PHOTOCOPY OF THE RELEVANT EXTRACT OF ENQUIRY AND AUDIT CONDUCTED BY INDRAFIN CONSULTANTS (P) LIMITED (PAGES 137 TO 141), VIDE LETTER NO. CMD/06(C)/133/97 DATED 19 MAY 1997, IN WHICH THE CONTROLLER AND AUDIT GENERAL INSPECTION REPORT CRITICISING UNNECESSARY VENTURES AND AVOIDABLE EXPENSES DURING 1991-95 IN KEL COMPANY. EXT.R5(aa) : PHOTOCOPY OF THE JUDGEMENT OF THIS HONOURABLE COURT IN O.P.19506/2001, DTD. 19.7.2001. //TRUE COPY// P.A. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. --------------------------------------- O.P. No.5747 OF 2001 --------------------------------------- Dated this the 23rd day of June, 2011. J U D G M E N T This original petition is filed by the petitioner seeking for investigation into the alleged grave criminal offence committed by the 1st respondent during his tenure as the Chairman and Managing Director of Tracco Cables Ltd. as well as the Kerala Electrical and Allied Engineering Co.Ltd. 2. It appears that there were connected original petitions namely, O.P.Nos.16428, 16719, 16452, 17761, 16901 and 16846 of 1997. All these original petitions have been dismissed as withdrawn as evident from the endorsement herein. The original petition has not been admitted so far. Evidently, because of efflux of time and in view of the subsequent developments, the relief sought for has become stale. In that view of the matter, this original petition is closed. T.R. RAMACHANDRAN NAIR JUDGE smp