Complaint Alleging Misuse Of CMDRF By CM Vijayan Rejected By Kerala Lok Ayukta
In relief for Chief Minister Pinarayi Vijayan, the Kerala Lok Ayukta today rejected a plea alleging that the Chief Minister's Distress Relief Fund (CMDRF) was misused by him and his cabinet colleagues during the tenure of the previous Left government.
The plea was dismissed by a three-member bench of Lok Ayukta Justice Cyriac Joseph and Upa-Lok Ayuktas Justice Babu Mathew P Joseph and Justice Harun-Ul-Rashid.
The bench was of the view that the Lok Ayukta does not have the jurisdiction to investigate the actions or decisions of the cabinet or council of ministers as they are collective bodies.
It said that under the Kerala Lok Ayukta Act of 1999, only individual public servants can be investigated.
"The issue as to whether there is irregularity, illegality, unreasonableness or arbitrariness in extending financial aid to the beneficiaries are matters beyond the scope and ambit of the Kerala Lok Ayukta Act for want of jurisdiction.
"The impropriety of a decision, if any, taken by the council of ministers, which is a constitutional body, stands outside the purview of the Lok Ayukta Act. The complaint fails and is accordingly dismissed," the bench said.
The decision came on a plea by complainant R S Sasikumar who had alleged that the CM and his council of ministers, during the first Pinarayi Vijayan government's tenure, had "abused their position as public servants, that they were actuated by personal interest and corrupt motives and that they were guilty of corruption, favouritism and nepotism".
Reacting to the verdict, Sasikumar said, "It is not surprising".
He alleged that the decision was "an expression of dishonesty".
Sasikumar said he would appeal to the Kerala High Court and, if required, even to the Supreme Court.
In March this year, Lok Ayukta Justice Cyriac Joseph and Justice Harun-Ul-Rashid had referred the matter to a larger bench as there was a difference of opinion among them over whether the decisions of the cabinet can be subjected to its investigation and also on the merits of the case.
The Lok Ayukta had admitted the complaint in January 2019.
The complaint by Sasikumar had alleged "favouritism" in sanctioning financial aid from the fund to NCP leader late Uzhavoor Vijayan, former CPI(M) MLA late K K Ramachandran Nair and to the family of Praveen, a civil police officer who died in an accident while undertaking escort duty for ruling CPI(M) state secretary Kodiyeri Balakrishnan.
The complainant had sought disqualification of the Chief Minister and the other ministers for misusing the fund.
With PTI Inputs
