M SATHYANESAN Vs. STATE OF KERALA
HIGH COURT OF KERALA
STATE OF KERALA
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(1.) The petitioner is a former District Committee Secretary of the Communist Party of India (Marxist). He has filed this petition under Art.226 of the Constitution with the prayer that the report dated September 28, 2002, a copy of which has been produced as Ext. PS with the writ petition, submitted by the Hon'ble Mr. Justice V.P. Mohankumar Commission of Inquiry, be quashed. A few facts are relevant for the decision of this case may be briefly noticed.
(2.) In October 2000, a liquor tragedy had taken place in the State of Kerala. The State Government had constituted a Single Man Inquiry Commission to enquire into the liquor tragedy. The Commission was also asked to enquire and report about the possible involvement of Government Officers and public men in abetting or aiding the smuggling of illicit liquor.
(3.) On August 17, 2002, the petitioner was given a notice by the Commission. In this notice, it was inter alia pointed out that an amount of Rs.3,37,000/- had been paid to the petitioner. After taking notice of the facts, the Commission informed the petitioner that his reputation could be affected by the result of the enquiry. Thus, he was "given an opportunity to show cause why an inquiry be not conducted into the allegation. The petitioner was given 14 days' time to respond to the notice. A copy of this notice has been produced as Ext. P1 with the writ petition.;
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