P. Selvarasu v. The Director Of Vigilance And Anti Corruption
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :22.01.2025
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD).No.1500 of 2025 P.Selvarasu ... Petitioner Vs.
1.The Director of Vigilance and Anti Corruption, 293 N.K.N.Road, Alandur, Chennai-600 016.
2.The Superintendent of Police, Central Range, Vigilance and Anti Corruption, Chennai-600 016.
3.The Director of Public Libraries, Office of the Directorate of Public Libraries, 737/1, Annasalai, Chennai-600 002.
4.The Joint Director of Public Libraries, Office of the Joint Director of Public Libraries, E Circle, Chennai.
5.A.P.Sivakumar ... Respondents 1/6
PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ or Order or Direction more particularly in the nature of WRIT OF MANDAMUS, directing the first and second respondents to conduct and complete the enquiry with regard to the awarding of the contract to NETCOM COMPUTERS for supply of Radio Frequently Identification Equipment by the fifth respondent office and to take necessary action on the petitioner's representation dated on 26.08.2019 within the time stipulated by this Court.
For Petitioner : Mr.B.Jameelarasu For Respondents: Mr.R.Meenakshi Sundaram (for R1 to R4) Additional Public Prosecutor
ORDER
This petition has been filed to direct the the respondents 1 and 2 to conduct and complete the enquiry with regard to the awarding of the contract to NETCOM COMPUTERS for supply of Radio Frequently Identification Equipment by the fifth respondent office and to take necessary action on the petitioner's representation dated on 26.08.2019 within the time stipulated by this Court.
2.The brief facts of the case:
The petitioner had worked as an Grade I Librarian in the office of Local Library Office, Trichy and subsequently, retired from service on 2/6
31.05.2019. The fifth respondent is working as District Library Officer, Trichy. Due to lack of latest procedures, lot of books were getting rusted, missign and not being properly uploaded and preserved in the library. In view of such difficulties, the fifth respondent has requested for allotment of funds to purchase latest equipment ie., Radio Frequently Identification Equipment. Based on such request made by the fifth respondent, the third respondent herein had sanctioned a sum of Rs.38,50,000/- to purchase the above said equipment in order to maintain the preservation of such valuable books of the library.
In continuation of such procedures, the fifth respondent called for tenders and the tender process was also completed whereby, one computer firm namely, NETCOM computers were awarded the said tender for supply of the above said equipment for a sum of Rs.56,02,207/- as on 27.06.2014, as against the sanctioned amount of Rs. 38,50 lakhs, sanctioned by the third respondent. During this time, one Balakrishnan, who is also workign as a District Library Officer, has paid a sum of Rs.6,00,000/- on 13.08.2015 in favour of the said NET COM COMPUTERS, after expiry period of contract and also issued work completion certificate, dated 14.07.2015, while the equipment was not fully supplied and work was not completed by the said NETCOM COMPUTERS.
computer officials caused loss to the Government exchequer. Thereafter, as one of the employee sent a detailed representation to the higher authorities of the library department and requested to conduct detailed enquiry and take further action. Since no action was taken, on 09.02.2024, the petitioner sent a representation to the higher authorities and also the first respondent herein. In turn, the third respondent appointed enquiry officer/fourth respondent to conduct an enquiry and submit a report. Thereafter, the fourth respondent issued notice to the petitioner to appear for enquiry on 06.06.2024. On that day, even though he has appeared, the enquiry was postponed without any cogent reasons. Thereafter, the fourth respondent has not conducted any enquiry. Thereafter, I have sent a detailed representation to the respondents on 26.08.
2019. Since no action was taken, the present writ petition has been filed. 3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor, on instructions, would submit that the enquiry was conducted and the same was completed and filed the report. 4.
4.1.The learned Additional Public Prosecutor is directed to serve the xerox copy of the report to the petitioner.
4.2.The petitioner is at liberty to work out his remedy as per law. There shall be no order as to costs.
22.01.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No vsg To:
1.The Director of Vigilance and Anti Corruption, 293 N.K.N.Road, Alandur, Chennai-600 016.
2.The Superintendent of Police, Central Range, Vigilance and Anti Corruption, Chennai-600 016.
3.The Director of Public Libraries, Office of the Directorate of Public Libraries, 737/1, Annasalai, Chennai-600 002.
4.The Joint Director of Public Libraries, Office of the Joint Director of Public Libraries, E Circle, Chennai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.K.RAMAKRISHNAN, J.
vsg W.P(MD)No.1500 of 2025 22.01.2025 6/6