Om Prakash.D v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI D.Om Prakash ... Petitioner Vs.
1.The Superintendent of Police, O/o.Superintendent of Police, Dindigul District, Dindigul.
2.The Inspector of Police, District Crime Branch, Dindigul, Dindigul District.
3.S.Shanmugam ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 to take appropriate action against the third respondent by conducting an enquiry on the basis of the petitioner's representation dated 11.09.2021. 1/6
For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor for R1 and R2
O R D E R
This Writ Petition has been filed to direct the respondents 1 and 2 to take appropriate action against the third respondent by conducting enquiry, on the basis of the petitioner's representation dated 11.09.2021.
2. The case of the petitioner is that the petitioner has introduced the third respondent to one Saranya, who is working as Assistant Director of Horticulture, Ariyalur, and the said Saranya paid some amount to the third respondent for getting transfer from the place of Cuddalore District to Ariyalur. Thereafter, the third respondent has received some amount from the friends of the petitioner by stating that he will arrange the Government Job for them. However, he neither arranged the job nor returned the amount. When the same was questioned, the third respondent attacked and threatened the petitioner in filthy language. In this regard, the petitioner has sent a representation on 11.09.2021 to the 2/6
respondents 1 and 2, but, no action has been taken. Hence, the present Writ Petition has been filed.
3. The learned counsel appearing for the petitioner submits that it would suffice, if the respondents 1 and 2 are directed to consider the representation of the petitioner, dated 11.09.2021, and pass appropriate orders on merits and in accordance with law, within a specified period.
4. The learned Additional Public Prosecutor appearing for the respondents submits that the investigation is still pending.
5. It appears that the third respondent has collected amount from the innocent persons stating that he will arrange the job in the Government Department and will transfer the government servant from one place to another place, but, he did not do the same and has not repaid the amount to them. Hence, the petitioner has given a representation dated 11.09.2021 to the respondents 1 and 2 to take appropriate action against the third respondent. However, giving the amount as bribe for 3/6
getting job in the Government Department and for any other purpose is also not in consonance with the law and such attitude should be avoidable. However, the concerned Deputy Superintendent of Police is directed to conduct enquiry with regard to collection of amount and identify the victims and record their statements and, take appropriate actions against the concerned person and the erring officials.
6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
05.02.2024 ssb NCC:Yes/No Index:Yes/No Internet:Yes/No To:
1.The Superintendent of Police, O/o.Superintendent of Police, Dindigul District, Dindigul.
4/6
2.The Inspector of Police, District Crime Branch, Dindigul, Dindigul District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
M.DHANDAPANI,J.
ssb 05.02.2024 6/6