CMDRF Misappropriation: Kerala High Court Refuses To Interfere With Lokayukta's Decision Referring Complaint Against CM, Others To Full Bench

The Kerala High Court on Tuesday dismissed the plea against order of the Lok Ayukta referring the case against Chief Minister Pinarayi Vijayan and the former Ministers for alleged misuse of Chief Minister Disaster Relief Fund (CMDRF), to a Full Bench comprising the Lok Ayukta and both the Upa-Lok Ayuktas.The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun observed that considering that a difference of opinion had arisen between the Lok Ayuktha and Upa Lok Ayuktas, the only option would be to refer the matter in order to decide the same by three members, whereby the decision of the majority would prevail. "In view of the above, we do not find any reason to interfere in this matter. The application is dismissed," the Court thus held.The complaint by petitioner R.S. Sasikumar was that the decisions taken by the State Government in:firstly, giving financial assistance to the family of late Uzhavoor Vijayan by sanctioning a a total amount of Rs.25 lakhs from the CMDRF towards his medical expenses, and the educational expenses of his two children;secondly, sanctioning necessary amount from the CMDRF for clearing the arrears of loans taken by late Advocate K.K.Ramachandran Nair, MLA, from Government recognized institutions and providing a government job to his son; andlastly, sanctioning a financial aid of Rs.20 lakhs from the CMDRF to the legal heirs of late Civil Police Officer P. Praveen, who died in a motor accident while performing escort duty for the former Home Minister and State Secretary of CPI (M) late Kodiyeri Balakrishnan,were actuated by corruption, favouritism, and nepotism. It was also alleged that the respondents lacked integrity in discharging their duties as public servants.After deciding the issue of maintainability in favour of the complainant, members of the Lok Ayukta and Upa Lok Ayukta had demitted their office and after a gap, appointments had been made to fill up the vacancies. After elaborate hearing, covering all the points, the case had been reserved for orders on March 18, 2022.However, after one year had elapsed since the matter had so been reserved for orders, the petitioner approached the High Court alleging that the delay in passing the order had resulted in loss of faith in the machinery of Lok Ayukta as would be evident from the substantial reduction of cases before the entity over the years. Subsequently, on March 31, 2023, the Lok Ayuktha had delivered its order referring the matter to be considered by a Full Bench. It is against the same that the petitioner approached the Court again, seeking a stay on the said order.Case Title: R.S. Sasikumar v. State of KeralaCitation: 2023 LiveLaw (Ker) 364Case Number: W.P. (C) 17083 of 2023

CMDRF Misappropriation: Kerala High Court Refuses To Interfere With Lokayukta's Decision Referring Complaint Against CM, Others To Full Bench

Navya Benny

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