Facts must support demand for probe, says Kerala High Court
Kochi: The Kerala High Court dismissed a petition alleging corruption in the tender proceedings for installing and operating an online reservation system for boating at Periyar Tiger Reserve. The petition alleged corruption to the tune of Rs 40 lakh. The court observed “mere irregularities in office procedure will not by itself invite a prosecution under the Prevention of Corruption Act (PC Act). It is well settled that every act of malfeasance or misfeasance or maladministration is not punishable under the PC Act.
To make it punishable under Section 13(2) of the PC Act, something more is required. The court observed that the complaint must contain the required elements of the said offence, that the public servant or somebody else has financially benefitted, or that he or the other made some gain from the alleged misconduct. There is no such allegation in the complaint made by the revision petitioner, the court held while dismissing a plea filed by Sajimon Salim, an Idukki native.
The petitioner challenged a tender accepted by the Deputy Director of the Periyar Tiger Reserve Project, Idukki from one company by name ASPROS Technologies Pvt. Ltd., Aluva to install and operate an automated “on line” ticket reservation system for boating at the Periyar Tiger Reserve, The court found “his only grievance is that the tender was wrongly and illegally accepted by the state with the knowledge that there is no such company in existence. The complainant does not have any material with him to show that the company was incorporated after the tender. Sajimon moved the court after his plea was rejected by Enquiry Commissioner and Special Judge (vigilance), Muvattupuzha.