The Kerala High Court, on Thursday, dismissed a petition, filed by former state health secretary Rajan N Khobragade challenging the proceedings initiated by the Kerala Lok Ayukta on a complaint alleging corruption in the purchase of PPE kits and other surgical equipment during the COVID-19 Pandemic.

A  Division Bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly, observed, “On a perusal of the complaint, we are of the clear opinion that the complainant/1st respondent herein has not challenged the manner in which contract was provided, by invoking Section 50 of the [Disaster Management] Act, 2005; the allegations made in the complainant is with respect to the alleged corruption or maladministration that has taken place in the purchase of materials by making exorbitant and huge amount to the products than the maximum retail price”.

Rejecting the contentions of the petitioner that the subject matter won’t come under the purview of the Kerala Lok Ayukta Act, 1999, the court said 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 also ordered eleven people, including former health minister KK Shailaja, to respond to the Lokayukta notice within two weeks.

The complaint was filed before the Lok Ayukta by Youth Congress leader Veena S. Nair alleging that large scale corruption and embezzlement had occurred in the procurement of PPE Kits and other Surgical equipment during the COVID-19 Pandemic period.

Complaints have been filed against 11 persons including former health minister KK Shailaja, former health secretary Rajan N Khobragade, Medical Services Corporation MD Balamurali, former General Manager of Kerala Medical Services Corporation SR Dilip Kumar and private company representatives.

Veena S Nair, in her complaint, alleged that the corrupt practice was carried out by the Kerala Medical Services Corporation Ltd. (KMSCL) with the knowledge, and collusion of its senior officers and health department. The complaint also made allegations against the then health minister K K Shailaja.

She alleged that the PPE kit, which was available at the rate of Rs 450, was bought by KMSCL from another company at the rate of Rs 1550 per kit . KMSCL placed the order with Maharashtra-based San Pharma Company.

Earlier during Nipah, PPE kits were supplied at the rate of Rs 550 per kit by a company called Keron. According to the complaint, despite the company informing that it would provide PPE kit during the Covid period at the same price, KMSCL deliberately did not give the contract to Keron and gave it to San Pharma at the rate of Rs.1550 per kit.

Last month, the Kerala  Lok Ayukta has ordered an inquiry against former state  health minister KK Shailaja , former health secretary Rajan N Khobragade, Kerala Medical Services Corporation Limited (KMSCL ) general manager Dr. Dileep and others in the complaint. Notices have also been sent to them. They have been asked to reply to the notice within one month. The inquiry was ordered after the Lok Ayukta conducted a preliminary inquiry in the matter.