Thiruvananthapuram: A legal opinion submitted to Kerala Home Minister Ramesh Chennithala has backed the possibility of reopening a vigilance inquiry against senior bureaucrat Gyanesh Kumar over alleged corruption and abuse of official authority during his tenure as Public Works Department secretary.

The note, submitted by Director General of Prosecution and State Public Prosecutor T Asaf Ali on October 4, states that a delay in initiating criminal proceedings would not, by itself, prevent the authorities from proceeding against an accused in cases involving corruption and other serious offences.

According to the legal opinion, allegations against Gyanesh Kumar relate to the awarding of works to contractors of his choice while he was serving as PWD secretary, allegedly in violation of prescribed procedures and with an intention to cause wrongful gain to himself and financial loss to the government.

The DGP said that if the available evidence substantiates the allegations, there is no legal impediment to proceeding against Gyanesh Kumar in accordance with law. The opinion also recommends a thorough inquiry and further investigation if necessary.

The note states that even if an earlier inquiry had been closed, it could be reopened if circumstances warrant further investigation. It argues that the influence allegedly exercised by the bureaucrat within the administration should not prevent the law from being set in motion.

Abetment of suicide allegation
The legal opinion also refers to the reported suicide of Lee Sen Ben, a 58-year-old Malaysian chief project manager, and calls for an investigation into allegations of harassment by Gyanesh Kumar.

According to the note, the circumstances surrounding Lee Sen Ben's death and the contents of his alleged suicide note require detailed scrutiny. It states that the alleged harassment could constitute an offence under Section 306 of the Indian Penal Code (IPC), which deals with abetment of suicide.

As the offence under Section 306 IPC carries a maximum punishment of 10 years, the opinion states that the limitation provisions under the Code of Criminal Procedure would not bar proceedings in the matter.

The DGP has therefore advised that the allegations be examined through a detailed investigation and that appropriate legal action be taken if the evidence supports the charges.