K N SATHEESH Vs. ENQUIRY COMMISSIONER AND SPECIAL JUDGE
LAWS(KER)-2003-8-8
HIGH COURT OF KERALA
Decided on August 01,2003

K.N.SATHEESH Appellant
VERSUS
ENQUIRY COMMISSIONER AND SPECIAL JUDGE Respondents

JUDGEMENT

- (1.) These Original Petitions are filed by the members of the erstwhile Managing Committee of the Guruvayoor Devaswom and the Commissioner and the previous Administrator of the Devaswom against the orders passed by the Enquiry Commissioner and Special Judge, Trichur in C.M.P. No. 559 of 2002. By this order, the court has directed vigilance enquiry and further action on Ext. P1 complaint. Ext. P1 complaint is filed by one Suresh alleging certain allegations against the previous members of the Managing Committee and against the Administrator and Commissioner. As soon as the Complaint was received, Special Judge called for the remarks from the Commissioner and thereafter the impugned order was passed.
(2.) The complaint is filed under the Prevention of Corruption Act. It further states that the audit was not taking place due to the mismanagement of the members of the Managing Committee. The Enquiry Commissioner got details from the Commissioner of Guruvayoor Devaswom and passed the impugned order, which is marked as Ext. P2 in O.P. No. 4292 of 2003.
(3.) Learned counsel for the petitioner mainly argued that under the Guruvayoor Devaswom Act (hereinafter referred to as 'the Act'), there cannot be any complaint for corruption against the petitioners. According to them, the Act itself prescribes the procedure for recovering loss that has been resulted on the fault of the members. According to them, a person has got right to live peacefully and if an enquiry is foisted against a person it will affect his reputation in the society. The petitioners are also critical of the manner in which Ext. P2 order has been passed. Ext. P2 order will clearly go against the petitioners. Impleading petitions have been filed by some persons. They supported the order passed by the learned Judge and submitted that it is only a preliminary order and that the petitioners are not prejudiced by the impugned order.;


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