Arasu Pokkuvarathu Madurai Thozhilar Sangam v. The Government Of Tamil Nadu

THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15.07.2024

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Arasu Pokkuvarathu Madurai Thozhilar Sangam, Rep. By its Vice President, V.Pitchai, S/o.Veeranan, Reg. No.157/MDU CITU,VP Chinthan Ninaivagam, Plot No.13, VOC 2nd Street, Arul Nagar, Bye Pass Road, Madurai - 625 016.

... Petitioner Vs.

1.The Government of Tamil Nadu, Rep. By its Secretary to Government, Transport Department, Fort St. George, Chennai - 9.

2.The Directorate of Vigilance and Anti Corruption (DVAC), No.293, MKN Road, Alandur, Chennai - 600 016.

3.The Superintendent of Police, Southern Range, Vigilance and Anti-corruption, Directorate of Vigilance and Anti corruption(DVAC), Chennai - 600 016.

4.Arumugam ... Respondents 1/13

PRAYER: Writ petition has been filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus, calling for the records pertaining to the impugned order passed by the third respondent in Petition No. 8752/2023/TNSTC/MU dated 02.08.2023 and quash the same and consequently direct the respondents to enquire into allegations made against 4th respondent independently by examining the petitioner and other witnesses and also about assets acquired by him and his family members and to proceed further under the provisions of various criminal enactments including registration of criminal case against the fourth respondent by considering petitioner's complaint dated 21.07.2023.

For Petitioner : Mr.T.Arun For R1 : Mr.Veera Kathiravan, Additional Advocate General Assisted by Mr.A.Kannan For R2 & R3 : Mr.S.Ravi Additional Public Prosecutor For R4 : M/s.Porkodi Karnan for M/s.Polax Solutions * * * * *

ORDER

This writ petition has been filed to issue a writ of certiorarified mandamus, calling for the records pertaining to the impugned order passed by the third respondent in Petition No.8752/2023/TNSTC/MU dated 02.08.2023, and quash the same and consequently directing the respondents to enquire into allegations made against 4th respondent independently by examining the petitioner and other witnesses and also about assets acquired by him and his family members and to proceed further under the provisions of various criminal 2/13

enactments including registration of criminal case against the fourth respondent by considering petitioner's complaint dated 21.07.2023. 2.The case of the prosecution is that the petitioner's union received a letter from one Chandran, Conductor of the Transport Corporation, wherein he has quoted number of instances, where the 4th respondent has received illegal gratifications. In pursuance of the same, the petitioner union collected information from various sources and submitted a complaint to the 1st respondent on 21.07.2023, seeking to take action against the Managing Director of State owned Corporation namely TNSTC (Madurai) Limited.

The said Managing Director, ever since he took up the office of the Managing Director, of the Corporation, has been indulging in various corrupt practices by receiving illegal gratifications for transfers from one region to another, for giving promotion and to do favour in the disciplinary action initiated against the employees. The said complaint was sent by registered post on 21.07.2023. The 2nd respondent upon receiving the same had forwarded to the 3rd respondent. The 3rd respondent by his proceedings in petition No.8752/2023/TNSTC/MU dated 02.08.

forwarded the said complaint to the very same accused officer namely Mr.Arumugam, the Managing Director of Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai. The 3rd Respondent has not verified the allegations by inspecting the records available in the office of Transport Corporation and mechanically forwarded the said complaint to the Managing Director of the very same Corporation against whom the complaint has been lodged. Aggrieved over the same, this writ petition has been filed before this Court.

3. Aggrieved over the same, the present writ petition has been filed. ii. The first respondent is directed to conduct investigations and enquiries in order to ascertain the asset details of all the higher officials working in the management cadre as well as their spouse and dependants with reference to the declarations given by them in the service records and discrepancy, disproportionate wealth or otherwise, all suitable prosecutions and disciplinary proceedings are to be initiated by following the procedures contemplated under law. Such an exercise is to be done by the first respondent within a period of four months from the date of receipt of a copy of this order.

4.The learned Additional Advocate General through the counter made the following submissions :- 4/13

5/13

6/13

7/13

8/13

9/13

10/13

5.The learned Counsel appearing for the petitioner submitted that they have not followed the procedure as contemplated. 6.The learned counsel appearing for the private respondent has also specifically denied the averments stated in the affidavit. As per counter affidavit, the Secretary to Government has to look into the allegations and there is no need to consider the same.

7.This Court has carefully considered the rival submission on either side and perused the materials available on record.

8. As rightly argued by the learned Additional Advocate General, there is only sweeping allegation against the managing director of the State Transport Corporation. There was no prima facie material available to look into the allegation. In the said circumstances, this court finds no merit to entertain this writ petition.

9. However, it is open to the petitioner to file the petition with proper material and redress the grievance.

11/13

10. With the above said observations, this Writ Petition stands dismissed. No cost.

15.07.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To 1.The Secretary to Government, The Government of Tamil Nadu, Transport Department, Fort St. George, Chennai - 9.

2.The Directorate of Vigilance and Anti Corruption (DVAC), No.293, MKN Road, Alandur, Chennai - 600 016.

3.The Superintendent of Police, Southern Range, Vigilance and Anti-corruption, Directorate of Vigilance and Anti corruption(DVAC), Chennai - 600 016.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

12/13

K.K.RAMAKRISHNAN, J.

RJR 15.07.2024 13/13