Jomon Puthenpurackal Vs State of Kerala (Kerala High Court)
Kerala High Court directs CBI investigation into the allegations of amassment of wealth disproportionate to his known sources of income against Chief Principal Secretary to the Chief Minister of Kerala.
Facts- The petitioner, who claims to be a person fighting against corruption in society, seeks investigation by the CBI into the allegations of amassment of wealth disproportionate to his known sources of income by respondent No.3, a former IAS Officer presently employed as the Chief Principal Secretary to the Chief Minister of Kerala in the cabinet rank. The petitioner also seeks to set aside the order dated 28.11.2017 rejecting a complaint filed under Section 190 Cr.P.C. before the Enquiry Commissioner and Special Judge, Thiruvananthapuram.
Conclusion- Held that this is a fit case for allowing the prayer of the petitioner for investigation by the CBI. In the afore-said discussions, I have concluded that the Vigilance, while conducting preliminary enquiry, deliberately excluded the acquisition of property having substantial value by respondent No.3 with the intent to protect him.
Strangely enough, the enquiry report was scrutinized and verified by the Director of the VACB. There was a deliberate attempt to save respondent No.3 on the part of the State Vigilance. Respondent No.3 retired from the Indian Administrative Service as Chief Secretary, Government of Kerala and is now employed in the cabinet rank as the Chief Principal Secretary to the Chief Minister of Kerala, who holds the Home Portfolio under which the Directorate of Vigilance functions.
