R.Dharmaraj v. The Vigilance Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 25.02.2026 PRONOUNCED ON: 09.04.2026

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR R.Dharmaraj ... Petitioner vs.

1.The Vigilance Commissioner, Vigilance and Anti-Corruption, Secretariat, Chennai-600 009.

2.The Director, Directorate of Vigilance and Anti-Corruption (DVAC), Alandur, Chennai-600 016.

3.The Superintendent of Police, Chennai City Range, Vigilance and Anti Corruption, Chennai-600 016.

4.The Secretary to Government, Backward Class and Most Backward Class, Minorities Welfare Department, Secretariat, Chennai-600009.

5.Mr.R.Ramana Gopal, Deputy Director, Directorate of Backward Class Welfare Department, Chepauk, Ezhilagam, Chennai-600005.

Page No.1 of 14

6.Mr.G.H.Syed Abdul Pari, Personal Assistant, Directorate of Backward Class Welfare Department, Chepauk, Ezhilagam, Chennai-600005.

7.M.P.Vasanth, Superintendent, Directorate of Backward Class Welfare Department, Chepauk, Ezhilagam, Chennai-600005.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ or Order or Director and more particularly in the nature of Writ of Mandamus directing the respondents Nos.1 to 3 to conduct proper enquiry upon the petitioner's complaint dated 08.10.2025 and appropriate action against respondents Nos.5 to 7 in relation to the alleged bribery, within a reasonable time.

For Petitioner :

Mr.A.Ramesh For R1 to R4 :

Mr.S.Udaya Kumar, Government Advocate (Crl. Side)

ORDER

The petitioner sent a representation dated 08.10.2025 to the respondents 1 to 3 to conduct enquiry and to take action against the respondents 5 to 7 in relation to alleged bribery, within a reasonable time. Since no action was taken, the petitioner filed the present Writ Petition. Page No.2 of 14

2.Learned counsel for the petitioner submitted that during the year 2020, an application called for to fill up the post of Cook under the reservation of disability of Government Backward Class Hostel in Ariyalur District. The petitioner applied for the said post, thereafter, on 12.11.2020 he appeared for the interview and secured 78.33% marks and selected for the said post. Out of the 10 persons selected, the appointment order not issued to the petitioner and two others, hence, the petitioner filed W.P.No.31658 of 2022 and this Court by order dated 28.11.2022 directed the authorities to consider the petitioner's application within a period of six weeks. Along with the copy of the order of the Court, on 10.01.2023 the petitioner sought for an appointment order by sending representation to the Director of Backward Classes Welfare, Chennai.

Since there was no response, the petitioner in March 2024 went to the Headquarters (Ezhilagam) where he met the Deputy Director, Directorate of the Backward Classes Welfare Department, at that time, his Personal Assistant and the Office Superintendent were also present. They informed the petitioner that personal interview will not be sufficient for issuance of appointment order and demanded bribe of Rs.6,00,000/-, otherwise the appointment order will not be issued. To somehow get the job on 07.03.2024, the petitioner took loan of Rs.1,00,000/- and handed over the amount to the 7th respondent in Page No.

the office canteen. When the 7th respondent demand the balance amount, the petitioner informed that after the parliamentary election, he will be able to get some more money and pay the amount. On 15.10.2024, the petitioner and 6 candidates were asked to produce the original certificates on 21.10.2025. The 7th respondent verified the documents, at that time, Rs.50,000/- earlier received was sent back by way of Gpay to the petitioner's account. The 7th respondent on 29.10.2025 informed the petitioner that unless the entire amount is paid, he will get the employment. Further, the other persons whose appointments earlier withheld now given appointment orders. On enquiry, those candidates confirmed that they paid bribe amount. Due to non payment of bribe amount, appointment order not issued to the petitioner.

But the respondents 5 to 7 questioned the disability certificate of the petitioner and sent a communication to the petitioner in this regard. The petitioner lodged a complaint to the Superintendent of Police, Ariyalur who conducted enquiry and confirmed the disabled certificate is genuine. The respondents 5 to 7 for non payment of bribe, not issued the appointment order and they made unwanted and unnecessary objections. Earlier on 11.08.2025, a complaint was sent to the Secretary, Backward Class and Most Backward Class, Minority Welfare Department, Chennai which was forwarded to the Directorate of Backward Class Welfare Page No.

Department, Chennai and asked for report but no report filed so far. In view of the above, this Court may issue a direction to the respondents 1 to 3 to conduct enquiry, register a case and to take action against the respondents 5 to 7.

3.Learned Government Advocate (Crl. Side) appearing for the respondents 1 to 4 filed counter and submitted that a complaint sent by the petitioner to the Directorate of Vigilance and Anti Corruption considered. Since the allegations levelled against the officials were general in nature and required verification of document by the concerned Department and it is the responsibility of the Head of the Department/competent authority to act on such petition, the petition in original was sent to the Commissioner, Backward Classes and Minority Welfare, Chepauk, Chennai following the instructions given in Govt.Memo No.1356/64/2, Public (Services-B) dated 08.04.1964. Thereafter, letter received from the Commissioner, Department of Backward Classes and Minority Welfare, Chennai vide Lr.No.A2/108/2025-1 dated 14.01.2026 along with the enquiry report which was conducted by the Deputy Director, Department of Most Backward Class and Scheduled Castes, Chennai who reported that the petitioner failed to appear before the Medical Board, Thanjavur Medical College to prove that Page No.5 of 14

he is differently abled person and further finding his certificate earlier submitted is not an authentic one. The petitioner was in the habit of sending complaints in his own name and in the name of others against higher officials without supporting materials, thereby tarnishing their reputation and the Department. The petitioner, without making any attempt to establish that he is a differently abled person, is frequently sending baseless petitions to various authorities.

4.He submitted the report of the enquiry officer/Deputy Director, Most Backward Class and Minority Welfare Department, dated 30.12.2025 confirmed that the petitioner called for enquiry which he attended and the respondents 5 to 7 were also enquired. The enquiry officer found that the petitioner submitted a physically disabled person ID No.12265 dated 09.06.2014 and after its verification on 21.10.2024, the petitioner failed to produce the physically disabled certificate. Thereafter, communication sent to the petitioner and to the Government Hospital, Ariyalur on 26.11.2024 to confirm the disability of the petitioner. A reminder was sent on 23.12.2024. Thereafter, notice was issued to the petitioner for his appearance before the Medical Board in the Government Hospital, Ariyalur and directed the petitioner to produce the disability certificate issued by the Medical Board of Page No.6 of 14

Perambalur Hospital. On 12.03.2025, the petitioner appeared before the Medical Board, Ariyalur Government Hospital. Since there was variation in the percentage of the disability, the petitioner advised to take MRI scan with regard to the fracture and disability. Since the Professor of Orthopedic Department was vacant in Ariyalur Government Hospital, the petitioner was directed to appear before the Medical Board, Thanjavur Government Hospital on 19.03.2025. In the meanwhile, the Directorate also received a letter dated 16.04.2025 from Ariyalur Government Hospital informing that the certificate was not issued by them and the signature is not of the Medical Board Doctors. Since the petitioner was unable to produce valid disability certificate, appointment order for the post of Cook could not be issued.

Thereafter, the petitioner made complaint against the respondents 5 to 7 complaining Rs.50,000/- sent from one Sagadevan on 21.07.2024 to the petitioner. The 7th respondent enquired on 19.05.2025, the 6th respondent enquired on 26.05.2025 and the 5th respondent enquired on 29.12.2025, all denied the allegations made by the petitioner. The petitioner not appeared before the Medical Board, Thanjavur Medical College and Hospital and not submitted the disabled certificate. On the other hand, the petitioner sent various complaints against the Government official in his own name and in the name of others making baseless allegations. Page No.

5.He further submitted that the petitioner failed to prove that he is a physically disabled person with such percentage as claimed by him. The petitioner appeared on 09.05.2025 and gave the statement that there was no demand by the respondents 5 and 6 and he has not paid any amount to them. The complaint in the name of R.Ramasamy Saiva Vellalar, Jayankondam and R.Rajendran, Kazhuvanthondi, Udayarpalayam and others, which were similar in nature, were received. The address and mobile number given by R.Ramasamy, R.Rajendran verified and found to be not correct and they were unable to be contacted. Considering all these aspects, the enquiry officer closed the petitioner's complaint.

6.He further submitted that the petitioner earlier filed W.P.No.31658 of 2022 and this Court by order dated 28.11.2022 granted 12 weeks time to consider the petitioner's representation dated 20.10.2022, thereafter, the Commissioner, Backward Class and Minority Welfare Department in Se.Mu.No.B4/323/2024 dated 13.11.2025 passed an order that the petitioner failed to appear and cooperate with the enquiry and also failed to produce medical certificate, hence, no further action recorded and the petitioner's representation closed. The petitioner filed a contempt petition in Cont.P.No.3104 of 2025 for not taking action pursuant to the order passed in Page No.8 of 14

W.P.No.31658 of 2022 dated 28.11.2022. This Court on 14.11.2025 finding that order passed on the petitioner's representation and there is no contempt, observed that the petitioner is at liberty to take further recourse as per law if he is aggrieved. Thereafter, petitioner filed W.P.No.2741 of 2023 challenging the order dated 13.11.2025 in Se.Mu.No.B4/323/2024 and this Court had set aside the order and directed the Commissioner, Directorate of the Backward Class and Welfare Minority, Chepauk to consider the petitioner's representation after he appears before the Dean, Government Medical College and Hospital, Thanjavur on 16.02.2026 and obtaining the disability certificate.

7.Today learned Government Advocate (Crl. Side) produced the disability certificate issued by the Dean, Thanjavur Medical College and Hospital confirming that the petitioner's disability is 21%. After receipt of the disability certificate, the petitioner's representation will be considered as per the order of this Court in W.P.No.2741 of 2026, dated 02.02.2026. 8.Considering the submissions and on perusal of the materials, it is seen that during the year 2020, an application called for to fill up the post of Cook under the reservation of disability of Government Backward Class Page No.9 of 14

Hostel in Ariyalur District. The petitioner applied for the said post, thereafter, on 12.11.2020 he appeared for the interview and secured 78.33% marks and selected for the said post. Thereafter, the petitioner was directed to produce the disability certificate. The petitioner had two disability certificates, one issued by the Medical Board, Perambalur and one by Ariyalur. There was variations in the percentage of the disability. Further, a communication was received from Ariyalur Government Hospital that the certificate was not issued by them. Further, the MRI scan has to be taken to confirm the disability. Since the Professor of Orthopedic Department was vacant in Ariyalur Government Hospital, the petitioner was directed to appear before the Medical Board, Thanjavur Government Hospital on 19.03.2025.

The petitioner not appeared before Medical Board, Thanjavur Government Hospital instead he has been sending representations to the various authorities including the Directorate of Vigilance and Anti Corruption. The Director, Vigilance and Anti Corruption forwarded the same to the Commissioner, Backward Classes and Minorities Welfare, Chepauk, Chennai who had nominated the Deputy Director, Department of Most Backward Class and Scheduled Castes, Chennai as Enquiry Officer. The enquiry officer conducted enquiry and submitted a report dated 30.12.2025 and found that the allegations made against the respondents 5 to Page No.

7 are not sustainable.

9.In the meanwhile, despite the petitioner obtained an order in W.P.No.31658 of 2022 dated 28.11.2022 to consider the petitioner's representation dated 20.10.2022. The Commissioner, Backward Class and Minority Welfare Department in Se.Mu.No.B4/323/2024 dated 13.11.2025 passed an order stating that the petitioner failed to appear and cooperate with the enquiry and also failed to produce the medical certificate, hence, further action could not be taken on petitioner's representation and closed the same. Against which the petitioner filed W.P.No.2741 of 2026 and this Court by order dated 02.02.2026 had set aside the proceedings dated 13.11.2025 and directed the petitioner to appear before Thanjavur Medical College on 16.02.2026. Now the petitioner appeared and received the disability certificate.

The petitioner, instead of appearing before the Medical Board, approached this Court by filing one petition or another, whatever may be the reason. Now the enquiry conducted, closed and disability certificate issued by the Medical Board, Thanjavur Medical College and Hospital. As regards the allegation of bribery against respondents 5 to 7, it is found that the complaint of the petitioner is not sustainable. The enquiry conducted by the Deputy Director, Department of Most Backward Class and Scheduled Page No.

Castes, Chennai is a detailed one and this Court finds no reason to doubt the same.

10.In view of the above, this Court finds no merit consideration in this petition. Accordingly, this Writ Petition Criminal stands dismissed. 09.04.2026 Index: Yes/No Speaking Order/Non-Speaking Order vv2 Page No.12 of 14

To 1.The Vigilance Commissioner, Vigilance and Anti-Corruption, Secretariat, Chennai-600 009.

2.The Director, Directorate of Vigilance and Anti-Corruption (DVAC), Alandur, Chennai-600 016.

3.The Superintendent of Police, Chennai City Range, Vigilance and Anti Corruption, Chennai-600 016.

4.The Secretary to Government, Backward Class and Most Backward Class, Minorities Welfare Department, Secretariat, Chennai-600009.

5.The Public Prosecutor, Madras High Court.

Page No.13 of 14

M.NIRMAL KUMAR, J.

vv2 PRE-DELIVERY ORDER IN 09.04.2026 Page No.14 of 14