Senthil Kumar.A v. The Director Of Vigilance And Anti-Corruption (Dvac)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2024

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE G.ILANGOVAN A.Senthil Kumar ... Petitioner -vs1. The Director of Vigilance and Anti-Corruption (DVAC), No.293, NKN Road, Alandur, Chennai-60 016.

2. The District Collector, Dindigul District, Dindigul.

3. Maruthamuthu, Panchayat President, Dharmathupatti Panchayat, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to take necessary action against the 3rd Respondent vide the petitioner's representation dated 28.03.2022 and Petition No.4065/2022/RPD/DL dated 08.04.2022 sent by

the 1st Respondent and complete the enquiry within the stipulated time as fixed by this Court.

For Petitioner :

Mr.C.Mayilvahana Rajendran For R1 :

Mr.E.Antony Sahaya Prabakar Additional Public Prosecutor For R2 : Mr.P.Thilakkumar, Government Pleader For R3 : Mr.V.Panneer Selvam

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.C.Mayilvahana Rajendran, learned counsel appearing for the petitioner, Mr.E.Antony Sahaya Prabakar, learned Additional Public Prosecutor appearing for the 1st respondent, Mr.P.Thilakkumar, learned Government Pleader appearing for the 2nd respondent and Mr.V.Panneer Selvam, learned counsel appearing for the 3rd respondent. 2.

Learned counsel for the petitioner submits that the 3rd respondent has misappropriated large amount. The enquiry is initiated by the 2nd respondent against the 3rd respondent. However, no action is taken and the enquiry is not completed.

3.

Learned Government Pleader appearing for the 2nd respondent submits that the enquiry is completed and an order was passed by the 2nd respondent on 31.07.2023 withdrawing the cheque signing power of the 3rd respondent.

4.

According to the learned counsel for the petitioner, in fact, the 3rd respondent ought to have been removed from the post. 5.

It is for the petitioner or any other aggrieved person to challenge the order of the 2nd respondent as may be permissible under law. 6.

The Writ Petition is disposed of accordingly. No costs. [S.V.G., C.J.] [G.I., J.] 26.02.2024 Index :

Yes / No :

Yes / No bala

To:

1. The Director of Vigilance and Anti-Corruption (DVAC), No.293, NKN Road, Alandur, Chennai-60 016.

2. The District Collector, Dindigul District, Dindigul.

THE HONOURABLE CHIEF JUSTICE and G.ILANGOVAN , J.

bala 26.02.2024