India News | Covid: HC Rejects Pleas Against Lok Ayukta Order for Probe into Purchase of PPE Kits
Get latest articles and stories on India at LatestLY. The Kerala High Court on Thursday rejected the pleas challenging a Lok Ayukta order for a preliminary probe into the allegations of abuse of financial position and corruption made against former State Health Minister K K Shailaja and various other bureaucrats in connection with purchase of PPE kits during the COVID-19 pandemic.
Kochi, Dec 8 (PTI) The Kerala High Court on Thursday rejected the pleas challenging a Lok Ayukta order for a preliminary probe into the allegations of abuse of financial position and corruption made against former State Health Minister K K Shailaja and various other bureaucrats in connection with purchase of PPE kits during the COVID-19 pandemic.
A Bench of Chief Justice S Manikumar and Justice Shaji P Chaly held that the allegations made in the complaint against the former Minister and various bureaucrats require an enquiry by the anti-corruption ombudsman - Lok Ayukta - in accordance with the law.
"On an appreciation of the contentions advanced in exhibit-P1 complaint dated February 21, 2022, we are of the view that the truth of the allegations made, with respect to abuse of financial position and corruption are matters which require enquiry by the Lok Ayukta, in accordance with law," the court said.
It said the provisions of the Kerala Lok Ayukta Act of 1999 indicate that the anti-corruption ombudsman has sufficient discretion and the mechanism to identify whether a complaint is frivolous, and refuse to investigate or discontinue with an investigation.
"Considering the facts and circumstances as above, we do not think that the petitioners (bureaucrats) have made out any case of illegality, irregularity, arbitrariness or other legal infirmities justifying us to invoke the extraordinary jurisdiction under Article 226 of the Constitution of India to interfere with the preliminary order passed by the Kerala Lok Ayukta on October 14, 2022 as regards the maintainability of the said complaint before the Lok Ayukta," the court said.
"In the result, the writ petitions fail and accordingly, they are dismissed," the court added.
Since during the pendency of the pleas the time for filing written statements by those named, including Shailaja, in the complaint was over, the court extended the time for filing the same by two weeks from today.
With these directions, the court dismissed the pleas by a doctor employed in the Health Services of Kerala and was also the General Manager of Kerala Medical Services Corporation Ltd (KMSCL) throughout the COVID-19 period and some senior IAS officers who were posted as MDs of KMSCL during different periods of the pandemic.
The petitioners had sought quashing of the October 14 order and a direction to the Kerala Lok Ayukta to cease investigation into the complaint filed by a woman claiming to be a social worker.
The complainant had alleged large-scale corruption and embezzlement in the procurement of PPE kits and other surgical equipment during the COVID-19 pandemic.
She had alleged that tainted procurement was carried out by the KMSCL, with the knowledge and collusion of the petitioners as well as other bureaucrats and the former State Health Minister had refuted the allegations.
The petitioners, in their pleas, had contended that the Disaster Management Act of 2005, according to provisions of which the procurements in question were made, was a complete code and the actions and allegations raised in the complaint could have been addressed through it.
They had contended that the Lok Ayukta ought not to have entertained the complaint.
The High Court did not accept the contentions and said there were no provisions in the Kerala Lok Ayukta Act which were in conflict with the Disaster Management Act insofar as investigation was concerned.
"The Disaster Management (Notice of Alleged Offence) Rules, 2007 also deals with the manner in which complaints are to be made for prosecution of the authorities under the Act of 2005 and as to the contents of such complaints, which have no bearing to the issue dealt with by the Kerala Lok Ayukta," the court said.
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