Jomon Puthenpurackal V. Union of India and Secretary, Ministry of Personnel, Public Grievances and Pension, Government of India and Director Central Bureau of Investigation (CBI) and State of Kerala

WP(C)/3679/2014

AI Insights

The case involves a writ petition filed by Jomon Puthenpurackal against the Union of India and other respondents, seeking a mandamus to direct the CBI to investigate certain allegations under specific cases (V.E. 19/2011 and V.E. 20/2011) handled by the Vigilance and Anti-Corruption Bureau (VACB), Thiruvananthapuram. The petitioner contested the preliminary findings of the CBI, which concluded that the allegations were not proven due to lack of evidence. The court, after hearing the arguments and considering the preliminary report, dismissed the petition, allowing the petitioner to seek redress through the appropriate legal channels.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 802049 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 12-06-2023
• Assessment Year: misc
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: S MANU; K L LAKSHMI RANI; TEKCHAND V
• Assessee Lawyers: C UNNIKRISHNAN; NIDHI BALACHANDRAN
• Keywords: CBI investigation; Preliminary enquiry; Writ of Mandamus; VACB; Special notification

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.V.N.BHATTI & THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945 WP(C) NO. 3679 OF 2014 PETITIONER: JOMON PUTHENPURACKAL, AGED 45,S/O.LATE KURIAKOSE, PUTHENPURACKAL HOUSE, NEENDOOR PO, KOTTAYAM DISTRICT-686 601. BY ADV SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSION, GOVERNMENT OF INDIA (DEPARTMENT OF PERSONNEL AND TRAINING), NORTH BLOCK NEW DELHI-110 001. 2 SECRETARY, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSION, GOVERNMENT OF INDIA (DEPARTMENT OF PERSONNEL AND TRAINING), NORTH BLOCK, NEW DELHI-110 001. 3 THE DIRECTOR CENTRAL BUREAU OF INVESTIGATION (CBI), PLOT NO.5-B 6TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003. W.P.(C)No.3679 of 2014 2 4 STATE OF KERALA REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 BY ADVS. SRI.S. MANU, DSGI SMT.K.L.LAKSHMI RANI Sreelal N. Warriar,SC, CBI TEKCHAND V.,SR. GP OTHER PRESENT: nidhi balachandran- petitioner, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.3679 of 2014 3 JUDGMENT Dated this the 12th day of June, 2023 S. V. N. Bhatti, C.J. The writ petition is filed seeking the following reliefs: “i) Issue a writ of mandamus, or any other writ, direc- tion or order directing respondents 1 and 2 to issue special notification entrusting the investigation of V.E. 19/2011 and 20/2011 of VACB, Thiruvanantha- puram to the 3rd respondent pursuant to Exhibit P10 within a time frame to be fixed by this Honourable Court; ii) Issue a writ of mandamus or any other writ, direction or order directing the respondents 1 and 2 to take immediate action on Exhibit P10 within a time frame to be fixed by this Honourable Court; iii) Issue a writ of mandamus, or any other writ, direc- tion or order directing the 3rd respondent to lodge FIR and commence investigation by a CBI officer not below the rank of an IPS officer forthwith in the mat- ter of V.E. 19/2011 and V.E. 20/2011 of VACB, Thiru- vananthapuram within a time frame to be fixed by this Honourable Court.” W.P.(C)No.3679 of 2014 4 2. During the pendency of the writ petition, S.P. & Head of Branch, ACB, CBI, Cochin filed a report dated 17.09.2014. The operative portion reads thus: “7. Conclusion This Preliminary Enquiry is being closed by CBI by finding the allegations as mentioned in the complaint as in VE 19/2011 of VACB, Kerala regarding Mr. T.G. Nanda Kumar amassing huge assets, as NOT PROVED for want of evidence; and by finding the allegations as mentioned in the complaint as in VE 20/2011 regarding the irregu- larities in the award of tender of Management and Maintenance of State Data Centre as DISPROVED by finding out that the tender process was genuine and without any malafide.” 3. Advocate Nidhi Balachandran vehemently argued the writ petition both in the forenoon and afternoon for a consid- erable length of time and after appreciating the circumstances in which the case has to be made out, he informs the court that the petitioner is not accepting the preliminary report filed by the CBI and, therefore, desires to work out the grievances in accordance with law before the competent court. W.P.(C)No.3679 of 2014 5 By granting the liberty as prayed for, the writ petition stands dismissed. Sd/- S. V. N. Bhatti Chief Justice Sd/- Basant Balaji Judge vpv W.P.(C)No.3679 of 2014 6 APPENDIX OF WP(C) 3679/2014 PETITIONER EXHIBITS EXT.P1 TRUE COPY OF THE ORDER NO.T/(VE 19/2011/SRT)234/2011 DATED 11-10-2011 OF THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU. EXT.P2 TRUE COPY OF THE LETTER NO.INFO/DGIT- CHN/2011-12 DATED 14-09-2011 ISSUED BY THE INCOME TAX DEPARTMENT TO THE DIRECTOR, VACB. EXT.P3 TRUE COPY OF THE LETTER NO.EXCHNG- INFO/DGIT/CHN/2011-12 DATED 23-09-2011 ISSUED BY THE INCOME TAX DEPARTMENT TO THE DIRECTOR, VACB. EXT.P4 TRUE COPY OF THE RELEVANT PAGES OF STATEMENT GIVEN BY SRI.T.G.NANDAKUMAR DATED 30-5-2011 TO THE INCOME TAX DEPARTMENT OBTAINED UNDER RTI ACT BY THE PETITIONER ALONG WITH TRANSLATION OF EXHIBIT P4. EXT.P5 TRUE COPY OF THE BANK ACCOUNT STATEMENT OF SRI.T.G.NANDAKUMAR WITH ICICI BANK FOR THE PERIOD FROM 01-04-2008 TO 31-03-2009 AND FROM 01-10-2009 TO 31-3-2010 SHOWING SUBSTANTIAL DEPOSITS AND WITHDRAWAL EXT.P6 TRUE COPY OF THE BANK ACCOUNT STATEMENT OF SRI.T.G.NANDAKUMAR WITH STATE BANK OF TRAVANCORE, PALARIVATTOM FROM 09-05-2009 TO 15-07-2009. EXT.P7 TRUE COPY OF THE JUDGMENT DATED 23.2.2012 OF THE HIGH COURT IN WPC. NO.3007 OF 2012 EXT.P8 TRUE COPY OF THE ORDER DATED 28-10-2012 IN R.P.NO.252 OF 2012 BEFORE THIS HONOURABLE COURT. W.P.(C)No.3679 of 2014 7 EXT.P9 TRUE COPY OF THE ORDER DATED 28-10-2013 OF THE HONOURABLE SUPREME COURT DISMISSING SLP (CIVIL)NO.12261/2012. EXT.P10 TRUE COPY OF NOTIFICATION GO(MS) NO.273/2013/HOME DATED 01-11-2013 OF KERALA STATE ALONG WITH PROFORMA FOR MAKING REFERENCE TO CENTRAL GOVERNMENT FOR CBI ENQUIRY/INVESTIGATION. EXT.P11 TRUE COPY OF THE COVERING LETTER DATED 01-11-2013 OF THE 4TH RESPONDENT TO THE 1ST RESPONDENT FORWARDING EXHIBIT P10. EXT.P12 TRUE COPY OF THE REPRESENTATION DATED 16- 12-2013 OF THE PETITIONER TO THE 2ND RESPONDENT. EXT.P13 TRUE COPY OF THE REPRESENTATION DATED 16- 12-2013 OF THE PETITIONER TO THE 3RD RESPONDENT. EXT.P14 TRUE COPY OF THE REPRESENTATION DATED 21- 12-2013 OF PETITIONER TO THE 1ST RESPONDENT. //true copy// P.A. to Judge "