Madras High Court
P.Radha Krishnan vs The State Rep.By The Secretary To ... on 9 September, 2015
Author: R.Subbiah
Bench: R.Subbiah
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2015
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
W.P.(MD)No.6655 of 2015
P.Radha Krishnan ... Petitioner
Vs.
1.The State rep.by the Secretary to Government,
Tamil Nadu Vigilance Commission,
Secretariat, Chennai-600 009.
2.The Additional Chief Secretary to Government,
Industries Department, Chennai-9.
3.The Director,
Vigilance and Anti-corruption Department,
NCB 21-28, P.S.Kumarasamyraja Salai,
Raja Annamalaipuram, Chennai-28.
4.S.Nagarajan,
The Deputy Manager (P&A),
Tamil Nadu Cements Corporation Ltd,
Alangulam Works,
Tamil Nadu Cements Post-626 127,
Rajapalayam via,
Virudhunagar District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus to direct the first and the third
respondents to conduct enquiry and to investigate on the allegations made out
in the petitioner's representation dated 26.3.2015 by following the
guidelines issued in Lalitha Kumari Vs. State of U.P case reported in 2014
(2) SCC 1.
!For Petitioner : Mr.M.Saravanakumar
For Respondents : Mr.D.Muruganandham
for R1 to 3
Mr.A.Sivaji
for R.4
:ORDER
This Writ Petition has been filed praying for a Writ of Mandamus to direct the respondents 1 to 3 to conduct enquiry and to investigate on the allegations made out in the petitioner's representation dated 26.3.2015 by following the guidelines issued in Lalitha Kumari Vs. State of U.P case reported in 2014 (2) SCC 1.
2. It is the case of the petitioner that he was appointed as Supervisor(Civil) on 02.12.1994 in the Tamil Nadu Cements Corporation Limited, Alangulam Works (for short'TANCEM') which is a Government undertaking. While so, there were a number of illegalities were committed by the fourth respondent and other officials and thereby they caused numerous loses to the Corporation. After collecting evidence against those erring officials, the petitioner sent it to the higher authorities. Due to which, it is alleged that he was suspended from service with malice attitude followed by a charge memo. Challenging the same, the petitioner has preferred a Writ Petition, which is pending before this Court.
2.1. While the situation stood thus, on coming to know about the large scale of misappropriation of gratuity payable to the superannuated officers of TANGEM, the petitioner made a representation to the Management of TANGEM. It was also concurred by the Accountant General (Audit) of Tamil Nadu Circle, Chennai. In the meanwhile, the petitioner sent a representation on 04.5.2013 to the respondents alleging that irregularities took place in the management. He has preferred a Writ Petition in W.P.(MD).No.12882 of 2013 before this Court, which came to be disposed of by this Court on 11.02.2015 with a direction to consider the representation of the petitioner by giving notice to all the parties concerned. The fourth respondent has further committed illegalities in making the appointment without following roaster, in the selection of executives, disbursing the salary even after the retirement of the selected workers, illegalities in disbursing the special festival allowance without following the guidelines of the company, allowing some of his close associates to work away from the factory, creating a false record of attendance and misusing the medical allowance fund and rental allowance fund. In this connection, the petitioner sent a representation to the higher officials against the fourth respondent.
2.2. It is further averred in the affidavit that as per the Vigilance and Anti Corruption Manual, a duty is cast upon the first and the third respondents to take necessary action against the fourth respondent as per the representation dated 26.03.2015. The first and the third respondents ought to have conducted the enquiry as per the Supreme Court guidelines issued in Lalitha Kumari Vs. State of U.P case reported in 2014 (2) SCC 1. However, the first respondent simply forwarded the representation along with the documents to the second respondent by communication dated 07.04.2015. In the mean time, the respondents allowed the fourth respondent to retire from service on 31.05.2015 without taking any action. Therefore, the petitioner come forward with this Writ Petition for the relief stated supra.
3. The third respondent has filed a counter affidavit inter alia stating that the representation preferred by the petitioner is related to Administrative Matter and Management issues and that nothing should be dealt with by the third respondent. Further, as per the directions issued in Government Memo No.1356/64/2, Public (Services-B) dated 08.04.1964 incorporated in para 10(3) of the DVAC Manual, petitions received against the Public Servants will be forwarded to the Head of Department concerned. Accordingly, the representation of the petitioner was forwarded to the Chairman and Managing Director, Tamil Nadu Cements Corporation Ltd, Chennai, who in turn, nominated the General Manager (Marketing) as Enquiry Officer, on 08.05.2015. The petitioner was directed to appear before the Enquiry Officer on 13.05.2015 for conducting internal enquiry. Since the petitioner has not co-operated, the Enquiry Officer has again given an opportunity for the petitioner on 18.05.2015 for internal enquiry. Even on 18.05.2015 the petitioner has not attended the enquiry.
4. The fourth respondent has filed a counter affidavit inter alia stating that since the request of the petitioner to give retrospective promotion to the petitioner was not given effect to, he has made baseless allegations with an ulterior motive and with personal vendetta not only against the fourth respondent but also his higher officials also. Further, it is alleged that the petitioner during working hours had consumed alcohol resulting in suspending the petitioner. The petitioner has filed various Writ Petitions against the Management without any rhyme or reason. Though adequate opportunity was given to the petitioner on 13.05.2015 and 18.05.2015, the petitioner did not attend the enquiry with a view to prolong the issue for ever. Hence, the Enquiry Officer by concluding the domestic enquiry had submitted his findings to the disciplinary authority, who in turn, had also accepted the said findings. Based on the findings of the enquiry, the fourth respondent was allowed to retire with all attendant benefits. Eventually, he prayed for the dismissal of this Writ Petition.
5. Heard the submissions of all the parties and perused the materials available on record.
6. From the perusal of the records, I find that the representation sent by the petitioner was duly forwarded by the third respondent to the Chairman and Managing Director, Tamil Nadu Cements Corporation Limited, who in turn, appointed an Enquiry Officer, namely, General manager (Marketing). In this connection, the petitioner was also given an opportunity on 13.05.2015. Since he did not turn up on the said date, one more opportunity was given on 18.05.2015. Even on 18.05.2015, the petitioner has not attended the enquiry. Admittedly, the Chairman and Managing Director, Tamil Nadu Cements Corporation Ltd, Chennai, has swung into action on the basis of the earlier representations made by the petitioner. Since the petitioner has not attended the enquiry by concluding the domestic enquiry, the Enquiry Officer had submitted his findings. Based on the said findings, the fourth respondent was also allowed to retire with all attendant benefits. In the instant case, though the petitioner has sought for a prayer once again to consider the representation of the petitioner dated 26.03.2015, this Court cannot mechanically issue a direction to consider such representation when no sufficient materials nor supporting documents are placed before this Court. Hence, no direction could be issued to the respondents in this matter.
Therefore, this Writ Petition is liable to be dismissed. Accordingly, it is dismissed. No costs.
To
1.The Secretary to Government, Tamil Nadu Vigilance Commission, Secretariat, Chennai-600 009.
2.The Additional Chief Secretary to Government, Industries Department, Chennai-9.
3.The Director, Vigilance and Anti-corruption Department, NCB 21-28, P.S.Kumarasamyraja Salai, Raja Annamalaipuram, Chennai-28.
4.The Deputy Manager (P&A), Tamil Nadu Cements Corporation Ltd, Alangulam Works, Tamil Nadu Cements Post-626 127, Rajapalayam via, Virudhunagar District.
.