Kerala High Court Stays Vigilance Court's Order On Complaint Against Former CIAL MD V J Kurian

The Kerala High Court on Wednesday stayed the order of the Enquiry Commissioner and Special Judge (Vigilance), Muvattupuzha, that had ordered for a 'quick verification' on a complaint filed against V J Kurian, the former Managing Director of Cochin International Airport Limited on charges of corruption.

The allegation against the former MD is that he abused his position as Managing Director of CIAL by allotting 1,20,000 CIAL shares under the Employees Stock Ownership Plan (ESOP) to a non-employee.

Justice Kauser Edappagath, while noting that as many as 7 complaints were already filed before the Director of Vigilance and Anti-corruption Bureau based on similar allegations by different persons, observed that:

“In all those complaints, preliminary enquiry was conducted and it was found that no offence was committed by the petitioner. A copy of the quick verification report is made available to me. There is finding in the quick verification report that CIAL is not considered as a public sector unit. Relying on the said finding, the learned Senior Counsel for the petitioner submitted that the petitioner would not come within the definition of public servant as defined in the PC Act.”

Senior Advocate P Vijaya Bhanu appeared for the petitioner. It was argued by the petitioner that CIAL is not a government company as per the provisions in the Companies Act.

It has been contended in the petition that the order was passed by the vigilance court on a factually incorrect ground that CIAL has an ESOP scheme in place. The order was passed without verification of facts, the petition states. It has also been argued that as Managing Director, he did not have any discretionary power to allot shares and that allotment is carried out by the board of directors.

The court noted that a detailed hearing is required in the matter and in the meantime, stayed the order of the vigilance court for 'quick verification' of the complaint. It also notice was issued to the de facto complainant.

Counsel for Petitioner: Senior Advocate P Vijaya Bhanu and Advocates Thomas J.Anakkallunkal, Jayaraman S, Nirmal Cheriyan Varghese, Litty Peter and Anupa Anna Jose Kandoth

Special Public Prosecutor for the 1st Respondent: Advocate Rajesh A

Case Title: V J Kurian V State of Kerala

Click Here To Read/Download Order