TITLE: M.Rajendran and Ors Vs. The Secretary to Government and Ors.
Decided On: July 12, 2023
W.P.No.6677 of 2010 and M.P.No.2 of 2010
CORAM: Hon’ble Mr. Justice S.M. Subramaniam
Introduction:
It is an interesting case, where the Government employees / Police Officials between themselves raising the allegations of corruption against each other, to the huge extent. Thus, it is imminent for this Court to consider the state of affairs and the large scale corruption amongst the Public Servants visibly noticed in the public domain. Though the Constitutional Courts emphasised that the corruption will stall the developmental activities, there is no considerable improvement in the matter of controlling the corruption in our Great Nation. Thus, this Court has taken a little effort to emphasis and to create awareness with a fond hope that some steps will be taken to minimise the corruption, by all concerned.
Facts:
The first petitioner was a Government employee. The petitioners two and three purchased a property in Sriperumpudur Village through a Sale Deed dated 17.09.2009 vide Document No.6938 of 2009 from M/s.Sri Rama Sankara Sharma alias Rama Nivasha Chari and his brother Krishna Sharma. The old building in the said property was demolished during October 2009. Knowing the fact that the petitioners two and three purchased the property , the tenth respondent, who is an Advocate and the eleventh respondent, who was a Councillor of Kancheepuram Municipality and his brother demanded money from the petitioners. On 23.12.2009 at about 4:00 a.m., respondents seven, eight and ten came to the house of the petitioners. The seventh respondent / Sub-Inspector of Police informed the petitioners one and three that they should go to the District Crime Branch to answer the complaints made against them regarding the purchase of property. The first petitioner went to the District Crime Branch, Kancheepuram with his son in their car. The seventh respondent was also got into the first petitioner’s car. Respondents eight and ten followed the petitioners in another car and came to the Police Station.
Legal Analysis and Decision:
Justice SM Subramaniam also directed the authorities to ensure that the procedure contemplated for confiscation of properties are adopted in all corruption cases and if necessary, interim attachments may also be made. The court also directed the Home Secretary and the DGP to ensure that Special Cells are constituted in the offices of DGP and Director General of Vigilance and Anti-Corruption by providing separate telephone numbers enabling citizens to raise complaints and provide information about corrupt activities in Government Departments. “The respondents one and two are directed to ensure that Special Cells are constituted in the offices of the Director General of Police and Director General of Vigilance and Anti-corruption by providing separate telephone numbers, mobile numbers/Whatsapp numbers enabling the citizens to register their complaints or provide information about corrupt activities in Government Departments and instrumentalities of the State,” the court said. The directions were made in a plea filed by M Rajendran, who was a Government Employee and against whom action initiated on the allegation of accumulation of disproportionate wealth along with other persons. The court noted that Vigilance and Anti- Corruption Department had also initiated proceedings but the same were dropped. Though the plea was filed to quash the criminal proceedings against him and others, the court noted that the trial had already commenced and thus, the prayer as sought for could not be granted. However, the court directed the Judicial Magistrate to expedite the trial and dispose of the case. The court also noted that even though Rajendran had made specific allegation of corruption against some of the officers, the same was not properly enquired into by the Home Secretary, DGP or the Superintendent of Police. The court observed that even though it was possible that bald allegations are made by the accused, if such allegations were made with specific incidents including date, time, amount given to the police etc, the higher officials could not close their eyes and an enquiry was warranted to cull out the truth and take actions if necessary.
Conclusion:
The Madras High Court has directed the Secretary to Government (Home Department) and the Director General of Police to verify the mandatory declarations given by the police officials as per Rule 9 of the Tamil Nadu Subordinate Police Officers Conduct Rules, 1964, and take all appropriate actions in case of any discrepancies.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR.
