Panneerselvam, v. The Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2024

CORAM

THE HON'BLE MR.JUSTICE VIVEK KUMAR SINGH Panneerselvam ... Petitioner Vs.

1.The Director, Vigilance & Anti Corruption Department, Alandur, Chennai.

2.The Deputy Superintendent of Police, Vigilance & Anti Corruption Department, Cuddalore District, Cuddalore.

3.Ravichandiran, Tahsildar.

Social Welfare Department, Thittagudi Taluk Office, Cuddalore District.

4.Akila ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, for issuing a Writ of Mandamus directing the respondents 1 and 2 to initiate action against the respondents 3 and 4 under the Prevention of Corruption Act, 1988, by 1/6

considering the representation of the petitioner dated 21.08.2023 in accordance with law.

For Petitioner : Mr.M.Velmurugan For Respondents: Mr.S.Santhosh, Government Advocate (Crl.Side) for R1&R2

O R D E R

This Writ Petition is filed seeking for issuance of a Writ of Mandamus directing the respondents 1 and 2 to initiate action against the respondents 3 and 4 under the Prevention of Corruption Act, 1988, by considering the representation of the petitioner dated 21.08.2023 in accordance with law.

2. The petitioner had given a representation dated 21.08.2023 to the second respondent stating that the third respondent, Mr.Ravichandran, Tahsildar, Thittakudi Taluk, Cuddalore District and the fourth respondent, Mrs.Akila, temporary employee, conspired together and misappropriated funds allocated by the Government under the Social Security Scheme. Further, they have cheated the beneficiaries and swindled the amount of Rs.50 crores sanctioned for the 2/6

beneficiaries of the Social Security Scheme.

3.Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondents 1 and 2. 4.The learned counsel for the petitioner submitted that the petitioner is a senior citizen and various schemes under Social Security in the Thittagudi Taluk Office were implemented for old age pensioner, college students and disabled persons. From the year 2012-2024, the third respondent, who was working as a Social Welfare Tahsildar in Thittagudi Taluk Office and the fourth respondent, who was working as a temporary employee in the office, have conspired together and misappropriated the funds allocated by the Government under the Social Security Scheme for more than Rs.50 crores. Thereafter, the said malpractice of the officers has been brought to the attention of the District Collector, Cuddalore District.

In view of the same, the third respondent was transferred and the fourth respondent was dismissed. The District Collector, Cuddalore District, directed the Revenue Divisional Officer, Cuddalore to conduct enquiry into the same and thereafter, it came to light that there has been a malpractice up to Rs.5 crores under the social security scheme.

departmental enquiry was initiated against the officer. With respect to the misappropriation of the Government money, the Deputy Collector, gave a complaint to the Superintendent of Police, Cuddalore District on 21.08.2023 and the same was entrusted to the District Crime Branch, Cuddalore District, pursuant to which, a case in Crime No.21 of 2023 was registered only against the fourth respondent under Sections 406, 409, 420 IPC and not against the third respondent. Since, the District Collector, Cuddalore did not submit a complaint to the respondents 1 and 2, the petitioner prays to initiate action against the respondents 3 and 4.

5.The learned Government Advocate (crl.side) appearing for the respondents submitted that the representation of the petitioner was forwarded to the District Collector, Cuddalore District vide DVAC. Petition No.10047/2023/POL/CP, dated 25.08.2023, for taking necessary action against the officials and the same was effected as per the instruction issued in Government Memo No.1356/64/2, Public (Services-B) dated 08.04.1964. In continuation of the above, a letter has been received from the District Collector, Cuddalore District, vide Na.Ka.No.m2/200/2024, dated 27.05.2024, stating that 4/6

the Sub Collector, Chidambaram, has been nominated as an enquiry officer to inquire the said petition and the same is in progress. He further submitted that this Court may direct the Sub Collector, Chidambaram, Cuddalore District, to complete the inquiry within a stipulated time as may be fixed by this Court. 6.In view of the submissions made by the learned Government Advocate (crl.side), the Sub Collector, Chidambaram, Cuddalore District, is directed to conclude the inquiry in DVAC Petition No.10047/2023/POL/CP, dated 25.08.2023, within a period of three months from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition is disposed of. No costs.

06.06.2024 Index : Yes / No Speaking / Non-speaking vkr Note: Registry is directed to mark a copy of this order to the District Collector, Cuddalore District and the Sub Collector, Chidambaram, Cuddalore District.

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VIVEK KUMAR SINGH, J.

vkr To 1.The Director, Vigilance & Anti Corruption Department, Alandur, Chennai.

2.The Deputy Superintendent of Police, Vigilance & Anti Corruption Department, Cuddalore District, Cuddalore.

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