Murshid Jannath Raj.M v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 CRIME NO. 11/2015 OF THE VIGILANCE AND ANTI CORRUPTION BUREAU, THRISSUR ------------------ PETITIONER/ACCUSED:
MURSHID JANNATH RAJ.M, AGED 53 YEARS, S/O.MUSTHAFA MUHAMMED M, MUSALIYARU PRAMBIL HOUSE, PAIDYAR P.O, MUTTCHUR, THRISSUR-680 641 PRESENTLY WORKING AS AGRICULTURAL OFFICER KRISHI BHAVAN, VADANAPALLY, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENTS/STATE & COMPLAINANT:
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1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF EKRALA, ERNAKULAM.
2. KANEESH C.S, S/O.SUDHAKARAN C.K, CHAKKANTHARA HOUSE, THRITHALLUR WEST P.O, THRISSUR 680 619.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
APPENDIX PETITIONER(S)' ANNEXURES ------------------------------------------ ANNEXURE A. TRUE COPY OF THE FIR IN CRIME NO.11/2015/TSR REGISTERED BY THE VIGILANCE AND ANTICORRUPTION BEREAU ANNEXURE B. TRUE COPY OF THE TENDER NOTIFICATION PUBLISHED BY THE PETITIONER IN THE MATHRUBHOOMI DAILY ANNEXURE C: TRUE COPY OF THE QUOTATION SUBMITTED BY THE CHITTUR AGRICULTURAL CO-OP. MARKETING SOCIETY DTD.25/1/13 ANNEXURE D: TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO CHITTUR AGRICULTURAL CO-OP.MARKETING SOCIETY TD.28/1/13 ANNEXURE E: TRUE COPY OF THE QUOTATION SUBMITTED BY THE PERINTHALMANNA TALUK RUBBER MARKETING CO-OPERATIVE SOCIETY LTD.DTD.25/1/13 ANNEXURE F: TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE PERINTHALMANNA TALUK RUBBER MARKETING CO-OP.SOCIETY LTD. DT.
28/1/13 ANNEXURE G: TRUE COPY OF THE QUOTATION SUBMITTED BY THE AREACODE BLOCK RUBBER & AGRICULTURAL MARKEING & PROCESSING COOPERATIVE SOCIETY LTD.DTD.25/1/13 ANNEXURE H: TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE AREACODE BLOCK RUBBER & AGRICULTURAL MARKEING & PROCESSING CO-OPERATIVE SOCIETY LTD.DTD.28/1/13 ANNEXURE I: TRUE COPY OF THE QUOTATION SUBMITTED BY THE REGIONAL AGRO-INDUSTRIAL DEVELOPMENT CO-OPERATIVE OF KERALA LTD. DT.25/1/13 ANNEXURE J: TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE REGIONAL AGRO-INDUSTRIAL DEVELOPMENT CO-OPERATIVE OF KERALA LTD. DT.28/1/13 ANNEXURE K: TRUE COPY OF THE QUOTATION SUBMITTED BY THE TRUCHUR WHOLESALE CO-OP.CONSUMER'S STORES LTD.,NO.R.299, DTD.
25/1/13 ANNEXURE L: TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE REGIONAL AGRO-INDUSTRIAL DEVELOPMENT CO-OPERATIVE OF KERALA LTD. DT.23/7/11 ....
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ANNEXURE M: TRUE COPY OF THE QUOTATION SUBMITTED BY THE TRUCHUR DISTRICT MALAYA VIPANANAN THOZHILALI SAHAKARANA SANGHAM LTD.NO.R.933, DT.23/7/11 ANNEXURE N: TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE TRUCHUR DISTRICT MALAYA VIPANANAN THOZHILALI SAHAKARANA SANGHAM LTD.NO.R.933, DT.23/7/11 DT.28/1/13 ANNEXURE O: TRUE COPY OF THE MINUTES OF THE MEETING OF THE PROCUREMEJNT COMMITTEE DTD.29/1/13.
RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.2450 of 2015 G ````````````````````````````````````````````````````````````` Dated this the 6th day of October, 2015
O R D E R
~ ~ ~ ~ ~ ~ What is under challenge is Annexure-A First Information Report in Crime No.VC.11/2015/TSR of the Vigilance and Anti Corruption Bureau. The allegation against the petitioner is that while he was working as the Agricultural Officer, Vadanappally, by way of implementing the purchase and disbursement of bio fertilisers to farmers under the People's Planning Scheme during the financial year 2012-2013, he has caused pecuniary loss to the government to the tune of ₹2,30,951.50 by awarding the contract to the Thrissur District Malsya Vipanana Thozhilali Sahakarana Sangham Limited No.R.933, overlooking the tenders submitted by the Areacode Block Rubber and Agricultural Marketing and Processing Co-operative Society Limited and some other institutions, quoting lesser amounts.
Crl.M.C.2450/2015 : 2 :
2.
According to the learned counsel for the petitioner, the Areacode Block Rubber and Agricultural Marketing and Processing Co-operative Society Limited was asked to submit a report from the Krishi Bhavan in respect of the products; but, they have failed to do it. It was on that ground that the tender submitted by them was rejected.
3. Those matters are based on evidence to be tendered in the matter. The present stage is too premature to conclude with regard to the merits or otherwise of the allegations against the petitioner. The investigation has to go on. On the completion of the investigation, in case of any further grievance, it is open to the petitioner to challenge the final report.
With the said liberty to the petitioner, this Crl.M.C. is closed.
Sd/- (B.KEMAL PASHA, JUDGE) aks/06/10 // True Copy // PA to Judge