Public servant using public fund for own benefit is a crime: Kerala HC

Kochi: Kerala High Court has dismissed the argument by former PWD Secretary T O Sooraj to quash an FIR against him in the controversial Palarivattom flyover scam case. Justice R Narayana dismissed the accused's plea and said that a public servant using public funds for his own personal benefit is not an act done in discharge of his official duties.

The court stated that the investigation has revealed that the accused has committed a punishable offence under Section 13(1)(c) of the Prevention of Corruption Act.

Sooraj had argued that the preliminary enquiry by the Vigilance and Anti-Corruption Bureau was without prior approval from the state government. The petition said that the inquiry was illegal and improper according to Section 17A of the Prevention of Corruption Act.

The court ruled that his actions of using public funds for personal benefits are not entitled to the protections offered by Section 17A of the Act. "The quintessence of the discussion above is that neither enquiry report nor FIR, is liable to be quashed at the instance of the petitioner," added Justice R Narayana.

The investigation agency had reported to the court that the documents perused, site inspection conducted, and the lab report examined as part of the vigilance enquiry has revealed that the construction of Palarivattom Flyover is substandard one. The report added that the scam caused financial loss to the public exchequer.

The court observed that the vigilance enquiry report cannot be challenged by the petitioner because the decision was taken by the state government because it was not specially directed against the accused or any other public servant. The HC noted that the Kerala government had ordered the vigilance inquiry into the irregularities committed in the construction of the Flyover.

The vigilance is also investigating the role of senior government officials and V K Ebrahim Kunju, who was the PWD minister at the time of construction.