P. Sathasivam, J. - (1.) Leave granted.
(2.) This appeal is directed against the impugned judgment and order dated 12.07.2010 passed by the High Court of Kerala at Ernakulam in Criminal R.P. No. 1606 of 2010 whereby the High Court dismissed the petition filed by the Appellant herein seeking discharge from the criminal case pursuant to a charge sheet filed in the Court of the Enquiry Commissioner and Special Judge, Thrissur, by the Vigilance Police Department.
(3.) Brief facts: (a) The Government of Kerala was trying to establish a Sanskrit University in the State from the year 1972 onwards. On 15.07.1991, the Appellant was appointed as Special Officer for creating the first Sanskrit University in the State. On 16.01.1993, the State issued a Government Order directing the District Collector, Ernakulam to acquire the land for the establishment of the University. The entire land of 42.5 acres, so acquired in Kalady (the holy birth place of Sree Sankaracharya) in Ernakulam District which was handed over to the University by the District Collector of Ernakulam for establishing the University consisted of low-lying and water-logged paddy fields and any development work could be started only after it was filled up with earth. Before starting the work of filling up, the Appellant, who was functioning as the Chief Secretary to State Government at the State Headquarters, had consulted several experts in the field including the Chief Engineer of the State Public Works Department (hereinafter referred to as PWD") who was actually brought to the site. The Appellant filled 42.5 acres of waterlogged land with earth brought from distance. An amount of Rs. 5,925/- was spent for filling up of every one cent of the water logged land. (b) From 01.01.1994 to 30.06.1996, the Appellant was appointed as the first Vice-Chancellor of the University. On 18.12.1996, an FIR being Crime No. 9 of 1996 was registered in the Vigilance Police Station, Ernakulam against the Appellant and four other persons under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the PC Act") and Sections 120B and 463 of the Indian Penal Code (in short "IPC"). The allegation against the Appellant was that the work of filling of earth in the land acquired for the said University was done in an irregular manner and he obtained a pecuniary advantage of Rs. 59,51,543/- with the contractors thereby causing corresponding wrongful loss to the University. (c) During May-June, 1997 the Vigilance Department examined the site relating to the alleged earth-filling during the years 1993 and 1994. This examination was done after three years and after the occurrence of six monsoons. Due to the impact of rains during six monsoons during that time, the field had got thoroughly consolidated. (d) On 30.06.2005, a charge-sheet was filed in the Court of the Enquiry Commissioner and Special Judge, Thrissur with a delay of eight and a half years after the F.I.R. and without obtaining the previous sanction of the Syndicate of the University under Section 50(2) of the Sree Sankaracharya University of Sanskrit Act, 1994 (hereinafter referred to as "the Act"). In the FIR, the pecuniary loss caused to the University was indicated as Rs. 59,51,543/- whereas in the charge-sheet it has come down to less than 5% of the originally estimated amount, i.e., Rs. 2,68,358/-. (e) In the meanwhile, on 03.04.2006, the Principal Secretary to the State Government directed the Director, Vigilance and Anti Corruption Bureau to withdraw the cases against the Appellant. In this communication, the State has admitted that the conduct of the Appellant was in good faith and that only because of the speedy actions taken by him, the University had become a reality within a short period of time and that the Appellant is eligible for the protection under Section 50(3) of the Act. (f) On 19.12.2008, the Appellant filed an application under Section 239 of the Code of Criminal Procedure (in short "the Code") being CMP No. 2933 of 2008 in CC No. 31 of 2005 in the Court of Enquiry Commissioner and Special Judge, Thrissur for discharge. By order dated 29.08.2009, the Special Judge dismissed the above said application on the ground that the Appellant is not entitled to get the protection of Section 50 of the Act as being the Vice-Chancellor, the Appellant was a public servant. (g) Against the said order, the Appellant preferred Criminal Revision Petition No. 1606 of 2010 before the High Court of Kerala. By order dated 12.07.2010, the High Court dismissed the revision filed by the Appellant herein. The said order is under challenge in this appeal. ;