A.Sampath v. Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD A.Sampath .. Petitioner Vs 1.Government of Tamil Nadu, rep. by its Principal Secretary to Government, Rural Development & Panchayat Raj Department, Fort St. George, Secretariat, Chennai-600 009.
2.The Director, Vigilance & Anti Corruption, No.293, Muthukumarasamy Naicker Road, Alandur, Chennai-600 016.
3.The Director of Rural Development, Directorate of Rural Development & Panchayat Raj, Panagal Maaligai, Saidapet, Chennai-600 015.
4.The Inspector of Panchayats cum District Collector, Vellore District, Collectorate, Sathuvachari, Vellore-632 009.
5.The Block Development Officer (Village Panchayats), Kaniyambadi Panchayat Union, Kaniyambadi, Vellore District-632 102.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to take appropriate legal action against the Kaniyambadi Panchayat Union, Vellore District Scams and to take appropriate legal action against the corrupted bribe officials, consequently, recover the public funds from the delinquent officials and to issue direction to the first respondent to investigate the affairs of Rural Development and Panchayat Raj Department schemes implementation functions during the period of Special Officers from 25.10.2016 to till this date in accordance with law and as per the petitioner last representation dated 24.12.2018, consequently, to direct the first respondent to ensure the proper implementation of Peoples Welfare Schemes under the Rural Development and Panchayat Raj Department to the benefits of weaker sections and protecting their livelihood guaranteed under Article 21 of the Constitution of India.
For the Petitioner : Mr.R.Anandha Babu For the Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.K.Karthik Jegannath Government Advocate for respondents 1, 3 and 4 : Mr.R.Muniyapparaj Addl. Public Prosecutor assisted by Mr.R.Sylvester John for respondent No.2
: Mr.S.V.Durai Solaimalai for 5th respondent
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.R.Aanandha Babu, learned counsel for the petitioner; Mr.A.Edwin Prabakar, learned State Government Pleader, assisted by Mr.K.Karthik Jegannath, learned Government Advocate for respondents 1, 3 and 4; and, Mr.R.Muniyapparaj, learned Additional Public Prosecutor, assisted by Mr.R.Sylvester John, learned counsel for the second respondent; and Mr.S.V.Durai Solaimalai, learned counsel for the fifth respondent.
2. The petition is filed seeking directions to take action upon his complaint regarding irregularities and corruption in the general funds of the panchayat.
3. Learned counsel for the petitioner submits that the persons at the helm of the affairs of running the Kaniyambadi Panchayat Union have engaged in large scale corruption and irregularities. The
President does not have power to spend more than Rs.5000/- in one year, however various transactions are entered into running in lakhs.
4. According to learned counsel for the petitioner, the weekly market is conducted without following the rules. The specific procedure is provided for running the weekly market. The same is not adhered to. The inquiry is conducted protecting the culprits. The petitioner has retired as a Block Development Officer and, as such, he is aware of all the intricacies.
5. The Inspector of Police, Vigilance and Anti-corruption, has filed a status report about the inquiry conducted. It is submitted that the expenses are made pursuant to the vouchers; quotations were called; and no revenue loss has been caused to the Panchayat Union. It is admitted that there were late remittances of the market fee collected by the accused persons, viz., Mr.K.Tamilmaran, Deputy Block Development Officer; and Mr.R.Vijayakumar, the Secretary of the Panchayat Union.
6. It is submitted by learned State Government Pleader that charges are framed on 25.10.2023 against the aforesaid two persons and one V.Jayashree, Block Development Officer. Explanation was received on 27.11.2023 and an Inquiry Officer was appointed on 13.12.2023. The inquiry initiated is in progress.
7. The respondents shall proceed further with the inquiry and take it to its logical end. The respondents shall endeavour to complete the inquiry expeditiously, preferably within six months. In the light of the above, the writ petition is disposed of. There shall be no order as to costs.
(S.V.G., CJ.) (J.S.N.P., J.) 23.04.2024 Index :
Yes/No Yes/No sasi
To:
1.The Principal Secretary to Government, Government of Tamil Nadu, Rural Development & Panchayat Raj Department, Fort St. George, Secretariat, Chennai-600 009.
2.The Director, Vigilance & Anti Corruption, No.293, Muthukumarasamy Naicker Road, Alandur, Chennai-600 016.
3.The Director of Rural Development, Directorate of Rural Development & Panchayat Raj, Panagal Maaligai, Saidapet, Chennai-600 015.
4.The Inspector of Panchayats cum District Collector, Vellore District, Collectorate, Sathuvachari, Vellore-632 009.
5.The Block Development Officer (Village Panchayats), Kaniyambadi Panchayat Union, Kaniyambadi, Vellore District-632 102.
THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD,J.
(sasi) 23.04.2024