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 the 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.
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