J.K.M.Ammaadaasan, Aged 56 Yrs v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2018

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.687 of 2018 J.K.M.Ammaadaasan ... Petitioner Vs.

State by The Inspector of Police, Vigilance and Anti Corruption, Kallangkurichi Road, Ariyalur Post, Ariyalur District.

... Respondent Prayer: Criminal original petition filed under Section 482 of Criminal Procedure Code, to direct the respondent to initiate appropriate action based on the complaint of the petitioner dated 25.12.2017 within the time stipulated by this Court. For Petitioner : Mr.E.P.Senniyangiri For Respondent : Mr.P.Govindarajan Additional Public Prosecutor

O R D E R

This petition is to direct the Vigilance and Anti Corruption Department to initiate action against one Velmurugan, Village Administrative Officer of Eravangudi Village, based on the complaint of the petitioner dated 25.12.2017.

2. The learned Additional Public Prosecutor had taken notice and today submitted, the action has been taken by the department against the said V.A.O. From the report of the District Collector, Ariyalur, addressed to Director of Vigilance and Anti Corruption Department it appears departmental enquiry was initiated against the said Velmurugan, based on news spread through whatsapp, regarding acceptance of illegal gratification by him for change of patta. Pursuant to the report, the action under 17-B of the Conduct and Appeal Rules has been initiated by the petitioner. Insofar as the complaint dated 25.12.2017 lodged by the petitioner before the Director, Vigilance and Anti Corruption is concerned, apart from grave misconduct, element of criminal act of demand and acceptance of illegal gratification https://hcservices.ecourts.gov.in/hcservices/

is also prima-facie made out which attracts ingredients of Section 7 as well as Section 13 (1) (d) of Prevention of Corruption Act.

3. Therefore, this Court is of the opinion that independent of the disciplinary proceedings initiated against the erred public servant, in view of the complaint, it is appropriate to register and investigate the complaint of the petitioner dated 25.12.2017 received by the Director of Vigilance on 10.01.2018 and file final report. Hence, the petition is allowed.

4. The respondent is directed to register the compliant of the petitioner dated 25.12.2017 and conduct enquiry and file final report within a period of 90 days from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(IV) //True Copy// Sub Assistant Registrar at To

1. The Inspector of Police, Vigilance and Anti Corruption, Kallangkurichi Road, Ariyalur Post, Ariyalur District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.P.Senniyengiri, Advocate, S.R.No.4678 Crl.O.P.No.687 of 2018 BR(CO) RRK(08/02/2018) https://hcservices.ecourts.gov.in/hcservices/