R.Mahalingam v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.18561 of 2020 R.Mahalingam ..

Petitioner Vs.

1. The Principal Secretary to Government Department of Higher Education Fort St. George, Chennai 600 009.

2. Director of Technical Education Directorate of Technical Education Guindy, Chennai 600 025.

3. Directorate of Vigilance and Anti Corruption 293, MKN Road, Collector's Nagar Alandur, Chennai 600 016.

4. Government College of Technology Coimbatore 641 013 Rep. by its Principal.

5. A.Ramesh Babu

6. C.Suresh Kumar

7. Ramesh Babu Akila

8. Chinnappan Poovaathal

9. Othiyappan Deepa 10.Government College of Technology Students Co-operative Society Coimbatore 641 013 Rep. by its President.

..

Respondents [R10 impleaded suo motu by order dated 21.09.2021]

Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the third repsondent to register a case and to investigate the acts of the respondents 5 to 9 and also that of any other official involved in the matter of irregularities, illegalities and criminal misconduct, committed in the floating of public tenders by the fourth respondent College.

For the Petitioner : Mr.C.S.Kiran For the Respondents : Mr.D.Ravichandran Spl.G.P. (Hr. Edn.) for respondents 1 & 2 Mr.M.Velmurugan for respondent 6 No appearance - for R3 to R5, R8 & R9 Not ready in notice - R7

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed seeking a direction to the third respondent to register a case and to investigate the act of respondents 5 to 9 apart from other officials who were involved in the matter of irregularities, illegality and criminal misconduct in floating the public tenders by the fourth respondent College.

2. Learned Special Government Pleader submits that after knowing about the allegation, the matter was throughly enquired and found that there were irregularities in floating the tenders and even in the award of work. Accordingly, action has been taken against all those who were involved in the process of tender and also the beneficiary. As far as the officials are concerned, departmental enquiry has been initiated against them, while blacklisting the beneficiary of the tender. It is with restraint for future participation, including the family members. Thus, the required action in the matter has been taken.

3. Learned counsel for the petitioner submits no action was taken against the fifth respondent. He was asked as to whether the fifth respondent was part of the tender process or involved in any irregularities. Learned counsel fairly submits that the

fifth respondent was not part of the tender process.

4. In view of the above, we do not find any ground to direct the third respondent to take action against the fifth respondent, as action has already been taken against those who were involved in the process of tender and involved in irregularities, with restraint order against the beneficiary. Thus, the prayer made in the writ petition gets satisfied and accordingly, the writ petition is disposed of. There will be no order as to costs.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar kpl/drm To:

1. The Principal Secretary to Government Department of Higher Education Fort St. George, Chennai 600 009.

2. Director of Technical Education Directorate of Technical Education Guindy, Chennai 600 025.

3. The Vigilance Commissioner, Directorate of Vigilance and Anti Corruption 293, MKN Road, Collector's Nagar Alandur, Chennai 600 016.

4. The Principal, Government College of Technology Coimbatore 641 013 +1cc to Mr.P.Rajendran, Advocate SR.No.14502 +1cc to Government Pleader SR.No.14201 W.P.No.18561 of 2020 SSV(CO) GMY(08/03/2022)